BASSETERRE, St. Kitts - EXUDING nothing but confidence, and in a professional manner, Esroy Mills, charged with shooting at with intent and assault with intent to commit a felony, took the stand on March 20 and claimed that he was innocent of the charges laid against him.
The accused said that on the afternoon of July 4, 2011 he was at home and left there a little after 4:00 p.m. to go to Upper Cayon.
He said he walked down a dirt track that leads to the Old Cotton House but stopped at an old house next to the standpipe opposite the Ginnery [Old Cotton House] to urinate.
He testified that he then stopped at the standpipe to wash his hands, face and drink water while maintaining he had no backpack or gun, only his cellular phone.
Mills said that as he was walking across the dirt track at the Old Cotton House, he heard a "very loud sound" and he "took off running because the sound was very close".
He told the Court that while running, his leg started giving away which caused him to limp.
The accused said that while limping, he saw the steps that lead into the Old Cotton House which he managed to climb but stumbled when he reached the top. However, with the use of his hands as to not injure his face, he pushed his body upwards, which caused him to "spring up" leaving both hands in the air.
He told the Court that he turned to face the seaside to observe what was happening, and in doing so he did not see anyone, but he heard a second loud sound.
Mills said he turned and limped through the door of the Old Cotton House and exited through the other side with the intention of returning home, but instead ended up outside of a friend’s residence and stayed there to make a phone call.
Following the call, Mills told the Court that he was on the ground and tried to get up but could not do so because his right leg was cramped.
He said that he tried to "limp walk" but heard someone behind him say, "Get on the ground, Esroy."
Mills said he tried to walk but his leg "gave out" which caused him to fall. He said he got up, turned around and saw a policeman, whom he identified as Officer Williams, with a pistol in his hand.
The accused said he shouted to the officer not to shoot him.
He testified that another officer named Stanley came shortly after, searched him and took his cellular phone from his person.
He said that he was then taken to a police vehicle where he met an officer named Frasier and stated that he was placed in the vehicle and taken back down to the Old Cotton House where the policemen had exited.
The 22-year-old told the Court that some members of the St. Kitts-Nevis Defence Force appeared shortly after and they were followed by an ambulance, which transported him to the JNF General Hospital where he was treated and warded for two days.
Mills maintained that he was not shown a bag or asked to sign anything to state that the mobile phone was indeed his.
He said the only label on which his signature was requested was that of the clothing taken from his person on the day he was shot.
The accused also maintained that he neither owned a gun nor had one in his possession on the said date, but noted that he did see a firearm in the hands of Officer Williams when he was apprehended.
At cross examination, a still confident Mills maintained his composure and did not break under the pressure of the prosecutor.
He denied every accusation put to him, and did so in a calm manner.
The prosecutor asked if he was still heading in the direction of Upper Cayon while on the dirt track that leads to the Main Road, a question to which Mills countered in the positive, stating that there is more than one street that leads to that area.
He was asked why he did not stop when Officer Stanley shouted for him to do so, but Mills stated that he did not hear anyone shouting.
He also maintained that he did not see the officer until he was apprehended.
Mills testified that he did question the reason for his arrested and Officer Stanley's response was that he was suspected of shooting at Bichara Isaac and that he told the police he did not know what they were talking about.
It was put to the accused that he was not telling the truth and that Stanley shot at him after he had raised a gun at him. Mills, in his response, said that he did not carry out such action because he was not in possession of a firearm.
The accused was asked if he was not concerned with who shot him and if he had questioned why he was shot.
He responded by calmly stating that while he was indeed concerned, he was more focused on having his leg attended to.
It was put to him that he was the one who discharged a firearm in Market Alley as well as in the Cayon Primary School.
Mills said the allegations made against him were untrue.
He also said that he did not have a blue backpack on that day.
The foreman of the jury displayed his attorney skills when he questioned the accused at length, asking some very pertinent questions.
Mills was asked why his hands were in the air when he "sprang up" at the top of the steps at the Old Cotton House. To that question, he said, "For balance, because I came up with force."
He was then asked if he did hear anyone shout anything to him while at the top of the steps, to which he replied in the negative.
The accused told the Court that he did not alert the police that he was shot after he ran atop the hill, but instead called someone else to inform them.
He also said he did not hear the shots that were fired at the Cayon Primary School because he lived a great distance from the learning institution.
Mills was asked why he did not shout "don't shoot me" or anything when he heard the first shot, but felt it necessary to do so when Officer Williams "came at you".
The accused said when he had heard the first shot he did not see a firearm or anyone and his first instinct was to run, but when the police came at him he saw a gun.
Following Mills' testimony, the defence made a failed attempt to have the Medical Chief of Staff at the JNF Hospital, Dr. Cameron Wilkinson, testify on their behalf.
The attempt failed because adequate notice was not given to the doctor so that he could have prepared the medical papers needed to present in Court.
Following that, the defence closed their case and it was followed by a ‘Locus in Quo’, which is a visit to the crime scene by the Court.
