BASSETERRE, St. Kitts – AFTER approximately one and a half hours of deliberation, a 12-member jury unanimously convicted Che Gregory Spencer of the murder of Jason ‘Worlo’ Marsham earlier this afternoon.
Shortly before 4:00 p.m., the four-woman-eight-man jury retired for deliberations after listening to two days of testimonies.
According to prosecution witnesses, Spencer, alias ‘Duck Foot’, shot the 27-year-old which resulted in his death. The witnesses told the court that Spencer and three other individuals (Valmon ‘John’ Williams, Canta Bowry and Devon ‘Pacal’ Henry) journeyed to Marsham’s residence on December 6, 2006 and summoned him outside. They further claimed that while Marsham and Pacal were speaking, Spencer told him [Marsham] there is something in his vehicle that belonged to him and he needed it.
The witnesses said there was an exchange of words and Marsham had two bottles and was advancing towards Spencer when his sister, Rosalyn Marsham, decided to stand between the two men. The witnesses also claimed that Marsham did not use the bottles during the confrontation.
Spencer, as the prosecution’s case outlined, hoisted his shirt, removed a firearm and fired a shot at the deceased which caught him on the forehead and a second one that struck him in the chest. Prosecution witnesses further said that Spencer made his escape through some bushes while Williams went down the road on foot and the other two boarded the vehicle and left the scene.
The wounded man was taken to the Joseph N. France (JNF) General Hospital in a private vehicle where he was pronounced dead.
The accused took the stand and told the court that he and the said three men went to Marsham’s house on the day in question. Spencer also said that he remained in the vehicle while the three men disembarked and went to speak with Marsham. He said the conversation went on for about 20 minutes and up until then “there was no sign of confrontation”.
Spencer said he left the vehicle a few seconds after and went up to road to make an inquiry, but returned after the persons from whom he sought were not at home. He said that he leaned against the vehicle and shortly after took a cigarette from a bag which was in the vehicle. The accused said he got the impression that the meeting between Marsham and the three men had ended.
“At that point I called John and told him to bring me CD and a Walkman from the back seat of Jason Marsham’s blue car. Worlo’s blue car was approximately 30 feet from the rental where I was,” he said.
The accused told the court it was then that Marsham took two bottles and told him, “If you have anything in me car, go and f@%king get them.”
Spencer said he was “astonished by the antics” and Marsham threw a bottle which hit him on the upper arm. He said Marsham threw a second bottle and he managed to evade it. He further testified that Marsham advanced and a “punch session” ensued between the two of them which turned into a wrestling match.
He said he was also attacked by Marsham’s sister who struck him a few times in the back and neck.
The accused said Marsham’s girlfriend, Andrea Williams, came on the scene and gave him [Marsham] a gun for which they wrestled. He explained that during the struggle, he held on to the barrel of the gun while Marsham was holding the handle.
“At the same time...Worlo was able to grab the gun around the handle area and I also hold the gun up to the front part and we wrestle for a few seconds and both of us hands were on the gun...The gun struck me in my mouth and broke two of my teeth, front teeth. We wrestle for a few more seconds then, at this point, the gun went off in rapid succession. After that I did not recognise that Worlo got hit because there wasn’t any blood or anything. We wrestle for a few more seconds then I recognised Worlo seem to be putting up less resistance.”
He said the struggle began to wane and Marsham fell to the ground with the weapon next to him. The accused said he moved away from the scene and he heard what appeared to be a gunshot at which point he saw Terrance Marsham trailing him on a bike. He said Terrance was carrying a gun, which “resemble the gun that was part of the altercation that took place”.
Having sought cover in the bushes, Spencer said he made his way across the Old Road Bridge and ended up at his farm in West Farm.
Under cross-examination, Spencer denied going to the scene with a gun and also denied that there was bad blood between himself and the deceased. He also told the court that Marsham was accidentally shot.
In his closing argument, however, Spencer’s defence counsel, Dr. Henry Browne suggested to the jury that his client did so as to defend himself.
Because of the “Tribunal of Fact”, the jury rejected Spencer’s story and found him guilty of Marsha’s murder.
Director of Public Prosecution Paulina Hendrickson informed the court that she was seeking the death penalty.
Trial judge, His Lordship Justice Francis Belle ordered a psychiatric evaluation and a social inquiry be conducted on Spencer, and reports be drafted and submitted to the court on or before March 30, 2009.
The convicted man is to return to court on April 2, 2009 when his sentencing hearing is to begin.
Following the reading of the verdict, SKNVibes spoke briefly with Jane Marsham, mother of the deceased, and asked of her feelings. “I feel good,” was her response.
