BASSETERRE, St. Kitts - CONSTABLE GLENROY STANLEY, the third witness to give evidence in the retrial of Esroy Mills, told the Court yesterday (Mar. 19) that he saw the accused point a gun in his direction with the intention of shooting him.
Mills is charged with one count of assault with intent to commit a felony and one count of shooting at with intent.
Stanley, in his testimony, told the Court that he was on duty at the Cayon Police Station and, while preparing to leave, he heard what sounded like gunshots coming from the vicinity of the Cayon Primary School.
He said he rushed to the verandah that faces the school to see what happened and saw several teachers and children "running from the school in a frantic manner as the sounds of gunshots continued".
The officer testified that he immediately ran downstairs to the Guard Room to find out was going on. This, he said, is where he met Constable Brown who told him something.
He said that as a result of what he was told, he along with Constable Frasier got into police transportation R926 and drove down to the area where the gunshots were heard.
Stanley said that on arrival in the vicinity of the school, a man shouted something at them, gave them a description of a masked man and directions into Market Alley.
The witness gave evidence of driving on the Island Main Road into Spooners Village at the Old Cotton House looking for the person.
Officer Stanley said he walked along the seaside of the Old Cotton House in search of the person, and while doing so he saw Mills coming up from a track that leads down into Market Alley with a gun in one hand and a blue backpack on his back wearing a white sleeveless vest and three quarters black pants.
He said as Mills got to about 40 to 50 feet away he shouted, "Esroy...police. Drop the gun and get on the ground." But Mills instead lifted the hand with gun and pointed it in his direction to shoot at him.
In response to that action, Stanley said he quickly fired a shot in Mills' leg area with his service pistol and shouted, "Police, drop the gun. Get on the ground and drop the gun."
He said Mills quickly turned around and ran in the direction from which Stanley came, adding that he did not fire at him again but instead gave chase.
The officer said Mills ran through a grassy area of the Old Cotton House, climbed up a wall then stood with his hands in the air.
He said he saw no gun in Mills' hands and shouted for him to drop the bag, but the accused ran through the Old Cotton House and he [Stanley] fired a shot in the air but Mills continued running and escaped.
Stanley said he did not pursue the accused for fear of being ambushed. So he instead sought the assistance of Frasier who was at the top of the Village and they were later joined by Sergeant Williams.
He said after a long search, at about 6:10 p.m., the accused was caught running up the hill in the area of the Old Cotton House.
Stanley told the Court that he noticed that the accused was limping and, upon checking him, realised he was wounded on the upper right leg.
The witness said he identified himself as a Police Officer dressed in plain clothing and told Mills that he was suspected of shooting at someone in the Cayon Primary School, as well as he was seen pointing a gun in his direction to shoot.
The officer said the accused was cautioned, and when asked for the gun and bag replied, "Me ain had no gun and no bag."
He testified that Mills was checked and a cellular phone was found on his person and taken into police custody.
He said at that point, members of the St. Kitts-Nevis Defence Force came to assist in the search for the gun and blue backpack but only the bag was found in a grassy area on the mountain side of the Old Cotton House.
Stanley told the Court that the bag was searched in the presence of the accused within which were one black tam with two holes cut out in the form of a mask, one black hoodie jacket, one black T-shirt, one long black pant, one black and white head-tie, one pair of black shoes, one pair of black gloves, five silver keys on a keyring, EC$35, one pair of black .draggers’ and a yellow and a white plastic bag wrapped together with what appeared to be fertiliser.
The witness testified that the bag and its contents were taken into police custody and Mills was taken to the JNF General Hospital, where he was treated and warded.
Mills, he said, was released from the hospital on July 6, 2011 and was arrested and charged on a warrant in the first instance.
While being crossed examined, it was put to the witness that he was not being truthful about his encounter with Mills. Stanley however replied that he was indeed telling the truth.
The officer testified that he was facing Mills when he went up the track, but noted that when the accused got to the top of said track he [Mills] did not move towards him.
He denied knowing there is a standpipe at the junction of the Alley or seeing Mills bend over at the pipe or anything else. The defence stressed on this issue, stating that it was significant.
Stanley said he had Mills under observation for about four to five minutes during the first phase of the encounter, adding that during that time the accused was walking up the track.
It was put to him that the accused was shot from behind and that he did not shout "Police" to him. The witness replied that the evidence he gave was a true replica of what took place on that date.
It was revealed that Mills was not asked to sign to state that the blue backpack found was his. It was put to the witness that the bag was found after Mills was taken away in the ambulance.
"How else would you explain his signature not being on the bag?" the defence asked.
Stanley however told the Court that he did not ask the accused to sign because he maintained the bag did not belong to him.
It was further put to the officer that Mills had no gun and that was the reason none was found. But the witness maintained that a gun was in Mills’ hand.
Stanley testified that the gun was dark in colour but he could not make what type of firearm it was.
The case continues tomorrow (Mar. 21).
