The Tribune

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

RELATIVES of men killed in police shootings erupted in anger outside the Magistrate’s Court complex after acting Coroner Kara Turnquest Deveaux granted bail to 11 officers during a committal hearing yesterday.

The mother of Azario Major, one of the men killed, was escorted from the courtroom after becoming emotional over the situation.

The officers could be charged with crimes because the inquests into their actions resulted in a homicide by manslaughter ruling. They are due back in court on September 25 for a status hearing to determine the nature of the charges and when they might be tried in the Supreme Court.

The coroner issued arrest warrants for three people who failed to appear: Shando King, a wanted man fired from the police force earlier this year for unrelated reasons; Constable 4185 Ferguson; and Corporal 3139 Denzil Deveaux.

Court Marshal Angelo Whitfield reported that Constable Ferguson was on sick leave, but the coroner noted she had not received a sick note. No explanation was given for Corporal Deveaux’s absence.

Coroner Turnquest Deveaux granted bail to the 11 officers despite objections from the court marshal, who noted their absence from Monday’s proceedings and their half-hour lateness yesterday. Mr Whitfield described their actions as a “defiance” of the court.

K Melvin Munroe, representing most of the officers, said their lateness was due to an internal matter at police headquarters. He argued that the officers did not have their summons documents on Monday, prompting the coroner to state that Commissioner Clayton Fernander was responsible for providing the necessary documents.

Mr Munroe argued that there was no evidence the officers would abscond or interfere with witnesses and said they were suitable candidates for bail due to their lack of prior offences.

Coroner Deveaux ultimately granted $9,500 bail to each officer, with one or two sureties required.

In the packed courtroom, relatives of the deceased were separated from the 11 officers by a row of supporting officers. Some relatives shouted their objections to the officers’ bail outside the courtroom.

Frederick Major, Azario’s father, praised the coroner but said the families felt “horrible” and believed the officers were granted special privileges.

He said: “The families are distraught. This is a complete atrocity in this nation today. We are calling for the resignation of the Commissioner of Police because he should have done his job, due diligence, from the initial stage.”

Relatives also voiced confusion about the next steps and the charges the officers might face.

Mr Major added: “Forty-six shells were fired at my son; 46 shells. He received 31 entry wounds to his body, nine to the head. That means 22 to the body. Is that manslaughter? Does that sound anything like manslaughter? That’s murder, murder, complete intentional murder.”

Aniqua Pinder, the sister of Valentino Johnson, who was killed last year on Seven Hills Road, expressed a continued desire for justice and praised the coroner for her actions under the law.

Mr Munroe, the lawyer for most of the officers, empathised with the relatives but maintained that the officers acted lawfully.

“The family will criticise that position (bail) because they have a loved one who has died, but at the end of the day, I’m still of the view that my clients acted lawfully even though we had adverse findings by the jury,” he said. “And I’m almost certain that these matters, once they go to the Supreme Court, if they go to the Supreme Court, will result in my clients being vindicated.”

David Cash, representing the estates of Azario Major, Harold Brown, Richard Bastian, and Gino Finley Jr, anticipates that the officers would be charged with manslaughter.

Ryszard Humes and Romona Farquharson Seymour represented the estates of Deangelo Evans and Valentino Johnson.

The coroner’s rare action ordering the officers to be tried at the Supreme Court comes after months of confusion about what would happen following the adverse inquest findings and could set a precedent for how the matters are handled in the future.

Coroner’s Court inquests do not determine criminal liability. In cases of adverse findings, the DPP has traditionally been expected to review the evidence and decide whether the case should proceed to trial.

Acting Director of Public Prosecutions Cordel Fraizer began sending Commissioner Clayton Fernander directions concerning the officers as early as April, but the commissioner declined to reveal her guidance to the press and did not publicly act on them. Last week, National Security Minister Wayne Munroe suggested the coroner was responsible for determining what should happen.