The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A MISTRIAL was declared yesterday in the case of a man accused of murdering an elderly woman during the passing of Hurricane Sandy.

Oscar Miller Jr was standing trial before Justice Bernard Turner accused of the October 25, 2012 fatal shooting of Viola Mae Smith-Sands of Eneas Street.

She was shot and killed in her bedroom when an armed assailant opened fire through her window around 8.50 that night.

Miller Jr, however, denied committing the murder and contends that the alleged confession statement the Crown relies on was obtained under duress and police brutality.

On Monday, the jury heard from Sergeant Sonny Miller that he interviewed the accused on November 13, 2012, when Miller allegedly told police he had intended to shoot a relative of Sands whom he had been told had a “hit” on him.

Miller allegedly told the officer that he and a friend went to the home on Eneas Street where he saw a figure in bed and believed it to be their target.

He and the friend fired through the window, but the following day, he learned that an old woman had died, the witness told the court.

In yesterday’s proceedings, the Crown had called firearms expert Inspector Aaron Wilson to give evidence concerning a test performed on a gun believed to be connected to the crime.

However, Miller’s lawyer, Calvin Seymour, said he was not in possession of a report concerning the firearm examination and said allowing the evidence to be given would undermine his client’s right to properly defend himself.

Though the claim was disputed by prosecutor Linda Evans, Justice Turner declared a mistrial and discharged the jury.