BASSETERRE, St. Kitts - TWO individuals walked out of the Basseterre High Court free men on Thursday (Oct. 11), when a 12-member jury unanimously found them not guilty of wounding charges proffered against them.
T'Sean Hendricks of Ottely's Village and Leroy Thomas of Lodge were jointly charged with one count of wounding with intent and the unlawful wounding of Davion Jarvis, which was said to have been committed at Lodge Project on September 25, 2011.
Their trial began on Tuesday (Oct. 9) with the men being represented by Attorneys-at-Law Chesley Hamilton and Natasha Grey, while the prosecution team was lead by Dennis Merchant.
Nine persons testified on behalf of the prosecution including the victim, who stated that he was attacked in his yard by two assailants on the night in question, one of whom had a firearm.
Jarvis told the Court that he was on his way home from his cousin's house on the said date, and upon reaching the back of his home he saw two people sitting on a concrete block, one wearing a 'hoodie' and the other a grey tam with a head-tie around the nose.
The victim testified that the persons attacked him, and while in the brawl the ‘hoodie’ fell from one of the assailant's head and he recognised the person to be Thomas.
Jarvis said he was also able to identify Hendricks, who allegedly had the firearm, because his tam almost fell off during the tussle.
He told the court that he ran to a neighbours house after receiving multiple gunshots wounds.
The home was that of Pamela Richards, who also testified in this matter, stating that she heard what appeared to be 10 gunshots and later witnessed the victim collapsing in her home.
Richards said she saw that he was bleeding and immediately called for the ambulance.
After the prosecution rested its case, the defence opted not to give evidence or call witnesses to testify on their behalf.
The defence, in their closing arguments, however argued that there was a major inconsistency in the prosecution's case.
Hamilton argued that one of the investigating officers, Leroy James, who gave evidence, said that Jarvis told him who shot him while they were in the ambulance, but Jarvis testified that he did not say who shot him until he was out of surgery, and that that information was told to his mother.
Hamilton told the jury that that was an inconsistency that needed to be given consideration.
Merchant, on the other hand, told the jury in his closing arguments that Jarvis knew the accused men for many years and that he clearly identified them as his assailants, and that piece of evidence is enough to warrant a guilty verdict.
Upon hearing the not guilty verdict, Hendricks and Thomas were released from the custody of the prison and walked away as free men.
