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“It does not matter that Rhys Jones was not the intended target, providing he had the necessary intention when he fired the fatal shots.
“Although there may be occasions where a gunman may fire what can be called warning shots, this was not the situation here.
“After failing to hit either of his targets with his first shot, the gunman adjusted his position and fired again at the same time [alleged rival gang members] began to move quickly across the car park to the relative safety of the nearby shopping arcade.
“If our interpretation of the sequence of shots is correct, the gunman was so intent on hitting his target he fired his third and final shot after the shot which struck and killed Rhys Jones.
“This was not an attempt to frighten or warn off. He didn’t wave his gun around or fire shots in the air. He steadied himself astride his bike, took deliberate and careful aim across the car park and then tracked his targets as they made their escape.
“There can be no doubt, we suggest, that the gunman intended to kill or cause serious injury to his intended targets.
“It is a feature of the feud between the gangs that firearms are discharged at rivals with lethal intent.
“If you are sure, as we say you will be, that Sean Mercer is the gunman, you can be equally sure he is guilty of murder.”
The prosecution case is that all the defendants are members of or associated with members of the Croxteth Crew.
Nathan Quinn admits that, in August last year, when Rhys was shot, he was a member of the Croxteth Crew.
Mercer, James Yates, 17-year-old Boy K, Melvin Coy and Gary Kays all deny being members or associates.
Boy M, 16, admits he used to be involved in the gang but says he left it in 2006.
The case continues.





