A 23-year-old man has been found not guilty of attempted murder in the shooting that blinded a TTC bus driver in northeast Scarborough more than four years ago.

However, a jury did find Malcolm "Buck" Chalmers guilty yesterday of the lesser charges of aggravated assault and of using a firearm in the commission of an indictable offence in the 2005 incident that changed 45-year-old Jaime Pereira's life forever.

"I'm not surprised," said Crown attorney Joshua Levy. "Attempted murder is an extremely difficult charge to prove." He added the law states "you have to have the specific intent to kill the person who was shot."

FIGHT ON BUS

Pereira was shot Oct. 15, 2005, after a fight erupted on his bus, which had stopped at Morningside Ave. and Sewells Rd., south of Finch Ave.

Chalmers was arrested more than two years later after his ex-girlfriend came forward claiming he had confessed the shooting to her.

But Chalmers, who pleaded not guilty, maintained he did not fire the gun despite the verdict, which took the jury more than 24 hours to deliver.

"My client ... stands by his innocence," said defence lawyer Mary Cremer. "He was not the wielder of the gun."

She said her client plans to appeal the decision, which was largely based on the ex's testimony, cellphone records and text messages.

Toronto Police Det.-Sgt. Mike Barsky said he had hoped Chalmers would be found guilty of attempted murder but he understood the jury's decision.

"It doesn't change what Mr. Pereira and his family are going through and what they've been through over the last four years," he said.

The victim wasn't in the courtroom when the verdict was read, but Barsky called him to relay the outcome.

"I think he was disappointed," Barsky said of Pereira's reaction. "He believed, and so did we, that this was a clear attempt on his life."

At the time of Chalmers' arrest in Jan. 2008, he was in custody in Durham Region accused of an unrelated kidnapping and attempted murder. He's expected to face those charges in March.

LEFT EYE REMOVED

Chalmers, who chose not to testify in his trial, remains in custody awaiting sentencing Jan. 8 for Pereira's shooting.

The bullet that struck Pereira entered his right cheek and exited through his left cheek, shattering his jaw, cheek bone and eye socket.

Surgeons had to remove his left eye and his right one was damaged beyond repair.

Forensic testing determined the Browning 9mm handgun that blinded Pereira was used in four other serious shootings, including the murder of youth worker Kempton Howard, 24, in 2003.

Barsky said Chalmers doesn't face any charges in those shootings.

CHRIS.DOUCETTE@SUNMEDIA.CA