The Crown has withdrawn a first-degree murder charge against the man who is accused of driving Anthony Smith’s killer away from the crime scene on King St. W. last March.

Hanad Mohamed, 23, now faces charges of accessory after the fact to manslaughter, accessory to discharging a firearm and accessory to aggravated assault in connection to the non-fatal shooting of Muhammad Khattak that same evening.

“He’s very happy,” his lawyer, Fariborz Davoudi, said Friday. A bail hearing is scheduled Wednesday when the Crown is expected to consent to his release.

Mohamed was arrested at his sister’s apartment in Fort McMurray, Alta. in June after Toronto police issued a nationwide warrant for his arrest.

Last month, Nisar Hashimi, 23, was sentenced to nine years in prison after pleading guilty to manslaughter, reduced from first-degree murder. The Crown concluded it could not prove he intentionally killed Smith, 19, outside the Loki Lounge early March 27.

Hashimi also pleaded guilty to the aggravated assault of Khattak, 19.

Khattak and Smith appeared in the infamous photo with Mayor Rob Ford alongside Monir Kassim. Khattak and Kassim were arrested as part of the Toronto Police Service’s guns and gangs investigation called Project Traveller.

At Hashimi’s plea hearing in June, court heard police considered Smith and Khattak to be members of the Dixon City Bloods, a street gang operating in the northwest part of Toronto.

Prosecutor Mary Misener told court that Smith and Khattak initiated a fight with a member of Hashimi’s group, prompting Hashimi to pull out a handgun and fire several shots, striking Smith in the head and thigh and Khattak in the shoulder area. Hashimi fled the scene in a car the Crown alleges was driven by Mohamed.

Misener said the Crown accepts Hashimi was intoxicated and did not intend to kill or cause grievous bodily harm to Smith or Khattak. Khattak is recovering from the gunshot under house arrest.