Murder trial Court takes trek over to West Bay sites

Jordan Manderson charged with murder in death of Marcos Duran

Grand Court Justice Charles Quin visited sites in West Bay on Wednesday afternoon in a convoy of vehicles that carried court staff and attorneys involved in the ongoing trial of Jordan Manderson on a charge of murder. The defendant also attended, wearing both ankle and hand cuffs, along with prison officers and several policemen.  

Marcos Duran, 29, was fatally shot on the evening of 11 March, 2010, outside an apartment building on Maliwinas Way, a dead end road off North West Point Road. The Crown’s case is that he was shot during a robbery attempt, which led to a struggle in which Mr. Manderson was shot in the leg.  

In court on Tuesday, Crown witness Kevin Bolen told the court he lived across the street and could­ see the side of the apartment building from his front door. On the night of the incident, he said, he heard two shots and then saw a figure going down the side of the building and around the back. Another witness, John Phillip Cohen Ebanks, confirmed to the court that there is a track in back of the apartment building that leads to Ebanks Road, which in turn leads to Watercourse Road. 

Justice Quin and the group accompanying him looked at stairway of the apartment building and the upstairs landing where Mr. Duran was found. They then walked around the building to see the entrance to the track or pathway, which Mr. Cohen had described as bushy-bushy. The second stop on the visit was on Ebanks Road, where Police Superintendent Marlon Bodden pointed out the roof of the apartment building over the tree line. 

There were three other stops at sites off Birch Tree Hill Road. Because the visit was part of court proceedings, a court reporter attended with a tape recorder to record questions and comments. A helicopter overhead occasionally made answers difficult to hear. 

By lunchtime on Wednesday, five witnesses had given evidence in court, but none saw the shooting. 

Mr. Bolen, the second witness, described the figure he saw as a shadow or silhouette. He explained that the incident occurred around 7.20 pm and it was dark. There was a streetlight nearby, “but it’s been out forever.” However, there was light emanating from the apartment building’s upstairs windows. The figure was moving between the building and several parked cars; he could see a head with short hair and a torso, but could not say whether it was male 
or female. 

Questioned by Director of Public Prosecutions Cheryll Richards, Mr. Bolen said he was accustomed to hearing weapons fired because he had spent over seven years in the military. He said the first shot he heard was definitely a large calibre gun, in the .44 range. The second shot was a smaller calibre, in the .22 -.32 range. 

Defence Counsel David Fisher asked if there could have been more than two shots. Mr. Bolen said he only heard two. 

Mr. Fisher asked about the figure the witness had seen moving along the side of the building, and whether the figure might have been stumbling. Mr. Bolen replied that the top of the figure was visible at all times. 

He also told the court about calling 911 and going immediately to the scene. He was asked about the number of people he saw going up onto the landing where Mr. Duran was lying. 

Mr. Cohen was also asked about the number of people who went onto the landing. He said he had arrived at the scene about the same time as the police, his wife having phoned him. He named all of the people who lived in the building except for two Jamaican men he said had moved in just two or three weeks before the incident. He said as far as he knew no one in the building was involved in drugs, but indicated he didn’t get to know the two new gentlemen. 

Asked about Mr. Duran’s car, which was parked outside the apartment complex, Mr. Cohen said the man came to sell numbers to his wife, sometimes three times a week, sometimes once a week, but normally on Monday, Wednesday and Friday. Every time he came he drove a red wagon, which Mr. Cohen thought was an Explorer. He said the numbers seller parked in the same place every time 
he came.