‘Malique emptied his gun’: Defence admits to shooting at start of Windsor murder trial

Both the Crown and the defense have agreed the accused is guilty of murder in an ongoing trial. CTV Windsor’s Michelle Malukse explains why.

Malique Calloo, 30, has pleaded not guilty to second-degree murder in the death of Daniel Squalls.

His lawyer asked the jury instead to convict Calloo to manslaughter.

“I’m opening to you now, right after the crown, which is highly unusual,” defence lawyer Adam Weisberg said Wednesday.

“We’ve been granted permission as this is a unique case.”

Typically, Weisberg told the jury, the defence presents their “position” after the crown closes its case.

“At this trial, Malique Calloo is eventually going to testify and he’s going to tell you what happened,” Weisberg said.

History of ‘bad blood’

Both the Crown and the defence agree: Malique Calloo shot and killed Daniel Squalls.

They also agree, the men have a history.

“Daniel Squalls and Malique Calloo did not like each other,” Assistant Crown Attorney George Spartinos said.

“There was no shortage of bad blood between these two men,” Weisberg told the jury.

The jury has learned Calloo and Squalls both have a child with the same woman.

At the time of the shooting, Squalls was in a relationship with her and Calloo’s child lived with them.

The morning of the shooting, Calloo was at the Windsor courthouse to start the process of getting a custody arrangement, according to his lawyer.

He had recently learned Squalls and the woman were in the process of moving to the U.S. with both children.

Defence to argue provocation or self-defence

When he went to Squalls’ apartment around 4 p.m. on Nov. 28, 2022, Weisberg said Calloo believed he would be able to see his child.

When Squalls got there, the child wasn’t with him and an argument ensued.

“What are you going to do about it?” the defence alleges Squalls said to Calloo.

“Mr. Squalls kept his right hand under his shirt, as if he was armed,” Weisberg told the jury.

In that moment, Weisberg said Calloo feared the child “was never coming back” and “it was too late” for him to care for his only child.

“Malique emptied his gun, shooting Daniel Squalls,” Weisberg told the jury.

“In our law, there’s a partial defence that is called provocation, something that would be murder that may be reduced to manslaughter if the person who committed it did so in the heat of passion, caused by sudden provocation,” Weisberg said.

“Self defence is also a live issue.”

15 gunshots

Late Wednesday, the crown showed the jury video surveillance footage, capturing the moments immediately before and after the shooting at Hanna and Parent.

“Eventually Mr. Calloo and Mr. Squalls will go out of camera view and then within seconds, you will hear 15 gunshots,” Spartinos told the jury.

“You will be able to see Mr. Squalls falling to the ground. You will see Mr. Calloo getting in his vehicle and leaving the scene.”

The videos seen by the jury Wednesday show a third person witness the shooting and then run away immediately after.

Calloo is seen in the videos, quickly walking to his car and driving away as well.

The two Windsor Police officers who were on scene first told the jury they could see multiple gunshot wounds on Squalls’ torso and hands.

A forensic identification officer testified Wednesday that no guns were found at the scene, on Squalls’ body, or in his vehicle.

15 spent shell casings were photographed and collected, littered across Hanna Street in front of Squalls’ car.

The trial will continue Thursday.