Not automatic that weapon fired where casings found, says witness in Acadia trial

A former crime scene officer yesterday testified that he recovered multiple 9mm spent casings in the vicinity of Evans Avenue and Acadia Drive in St Andrew, where three men were fatally shot during a 2013 police operation.

The witness, who is testifying via video link from overseas, told the Home Circuit Court under cross-examination by defence attorney Hugh Wildman that he retrieved 9mm spent casings from a yard off Acadia Drive, as well as from other points across the crime scene.

Pressed on whether the recovery of casings in the yard indicated that a 9mm pistol had been fired from that specific location, the officer maintained that while the presence of 9mm casings confirms that a 9mm firearm was discharged somewhere within the broader scene, it does not automatically mean the weapon was fired where the casings were found.

He told the court that there are several possible explanations for the distribution of spent casings, including movement or transfer after discharge, whether intentional or otherwise.

Sergeant Simroy Mott, Corporal Donovan Fullerton, and Constables Orandy Rose, Andrew Smith and Sheldon Richards are on trial for the January 12, 2013 fatal shooting of Eucliffe Dyer, Matthew Lee and Mark Allen.

The defence is contending that the men were killed during a shoot-out with police. According to their account, a Mitsubishi motor car carrying four men was stopped, after which one man ran into a yard and was pursued, while another fled the vehicle and escaped. A gun battle allegedly ensued, leaving three men dead.

It was further suggested that an Akrus 9mm pistol and a MAC-10 submachine gun, both loaded with live rounds, were recovered, while police have maintained that officers discharged M16 rifles during the incident.

The witness also said there was a heavy concentration of spent casings near where the vehicle was parked, describing the area as one of several distinct evidence zones within the broader scene.

The court heard that when he arrived, crime scene tape had already been erected and the area secured by other officers. He agreed that the scene covered Evans Avenue and the Acadia Drive intersection, including premises identified as number seven, where the Mitsubishi Outlander came to a stop.

Wildman also questioned the officer on the absence of blood behind the vehicle, suggesting that if occupants had been shot in that location, blood staining would be expected.

The witness said he did not observe any blood behind the Mitsubishi Outlander, but confirmed that blood was seen on the sidewalk beside the vehicle, as shown in crime scene photographs.

“If someone is sitting on the ground right there at the Outlander and somebody comes and shoots that person on the ground, would you expect to see blood behind the Outlander?” Wildman asked. The witness responded in the affirmative.

The court also heard evidence from Minister of Agriculture Floyd Green, an eyewitness who testified that he observed events from his apartment and saw a man seated towards the rear of the vehicle before seeing him go limp after an officer fired in his direction.

QUESTIONS OF VISIBILITY

Turning to photographs of a nearby multi-storey apartment complex, Wildman suggested that anyone observing from an upper-floor window would have been viewing the scene at an angle rather than directly, raising questions about visibility. However, the prosecution objected on the grounds of speculation, and the objection was upheld by the court.

Attention then shifted to gunshot residue (GSR) evidence, where the officer testified that GSR is produced when a firearm is discharged and can be deposited on the shooter or in the surrounding environment, and may also transfer between surfaces.

He said the presence and concentration of GSR can vary depending on factors such as movement, wind, weather conditions and clothing.

When asked whether a person shot at a distance would necessarily show gunpowder residue, the question was met with objection from the prosecution as an expert matter. The court, however, allowed the witness to respond within the limits of his training.

The officer said GSR would generally be associated with the shooter, but stressed that deposition can be affected by environmental and situational factors, including movement and transfer.

In a separate ruling, Justice Sonia Bertram-Linton on April 10 found no misconduct by the prosecutor in relation to meetings with a female eyewitness and at the courthouse, and ruled that her evidence would be allowed to stand.

Wildman had applied to have her evidence struck out, arguing that the prosecution witness’ evidence was “tainted” and unlawfully obtained.

He had argued that such conduct breached the rules governing the preparation of witnesses and rendered the evidence inadmissible.

The trial, in the meantime, has been adjourned to Monday.

tanesha.mundle@gleanerjm.com