By FARRAH JOHNSON
Tribune Staff Reporter
fjohnson@tribunemedia.net
A MAGISTRATE yesterday acquitted a couple who were charged with child cruelty after their nephew was shot with a gun that accidentally went off when he and their son were playing with it.
In 2019, Kara Johnson entered a not guilty plea to allegations that she unlawfully neglected her son’s 11-year-old cousin that ultimately led to the child being shot in the groin.
Johnson, as well as her fiancé, Rasjard McIntosh, further denied allegations that they were found in possession of a black, 9mm revolver and three rounds of 9mm ammunition at the time of the incident.
During the course of the trial, it was revealed that the couple’s son found a gun outside, took it indoors and was playing with it when it accidentally discharged and struck his cousin. When police responded to the incident, they arrested Johnson and McIntosh, who were later charged with cruelty to children and possession of an unlicensed firearm and ammunition.
After listening to submissions from the prosecution and defence counsels of the two accused, Senior Magistrate Derence Rolle Davis delivered his ruling.
Yesterday, he noted Johnson’s and McIntosh’s son was the “star witness” of the case. The court was told that when the young boy was initially interviewed by police, he claimed he found the firearm in his father’s drawer. However, when he gave evidence in court, he admitted he actually discovered the weapon outside by the side of the garbage, but had lied when he was questioned in police custody in the presence of his mother because he was afraid.
Magistrate Rolle Davis said if it is to be believed the firearm was found in McIntosh’s drawer, he is to be held accountable.
Still, he said, if it was a fact the weapon was actually found outside, then it would mean the young boy lied to his mother in the presence of the officers.
He said having considered the totality of the circumstances of the case, he accepted the young boy lied when he was initially interviewed by police in the presence of his mother, but had told the truth when he testified under oath in court.
“I accept when he said he found the gun by the garbage but only lied in the interview because his mother was there,” he stated. “I acquit both defendants of the offences. The gun is to be handed over to the police for further investigation.”
Attorneys Bjorn Ferguson and Alex Dorsette represented Johnson and McIntosh respectively.
• The headline on this story originally said “Couple acquitted after nephew died when gun went off accidentally”. It has now been corrected.
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