Police Commissioner urges review of judge’s verdict

Devon Jermaine Anglin was acquitted on Wednesday of all five charges against him relating to the fatal shooting of Jeremiah Barnes at the Hell Service Station on the night of 15 February, 2010, and an alleged threat against the boy’s father two weeks earlier.  

Jeremiah was killed by a single bullet to his head when shots were fired at the vehicle being driven by his father, Andy Barnes. 

Anglin, now 25, was charged with murder in the death of Jeremiah, the attempted murder of Mr. Barnes, and possession of an unlicensed firearm. No firearm was put in evidence during the trial. 

After the verdicts Royal Cayman Islands Police Service Commissioner David Baines, who was present for the verdicts, approached Crown Prosecutor Andrew Radcliffe and Director of Public prosecutions Cheryll Richards. He asked that the legal department conduct an urgent review of the judgment to determine whether there were grounds for appeal. Ms Richards confirmed that this would definitely be done as soon as an official transcript was available. 

Justice Howard Cooke heard the matter without a jury after Anglin elected trial by judge alone. 

Visual identification of Anglin as the shooter was made by Jeremiah’s parents, both of whom had known Anglin for years. The judge explained why he found their evidence unreliable. 

In court, Mr. Barnes had contradicted what he said at the preliminary inquiry and in his first statements to police, the judge pointed out. Further, Mr. Barnes’ description of the gunman was contradicted by the closed circuit television footage shown during the trial. It was clear from the video that the gunman wore a green jacket and held a gun in his left hand, but Mr. Barnes had said it was a black jacket and the gun was in the right hand. 

The judge also found as a fact that the gunman was masked at all material times, but Mr. Barnes had said he first saw the gunman with a handkerchief around his neck that he then pulled up to over the bridge of his nose. 

The judge noted that Mr. Barnes had seen Devon Anglin earlier in the day, at which time Anglin was wearing a black jacket with a red stripe – and that was the description he gave to police. 

The judge also pointed to “antecedent animosity” between the two men. In his view, Mr. Barnes harboured within his breast the feeling that “Anglin was out to get him – to harm him.” He said Mr. Barnes was possessed of a decided predisposition that if harm did befall him it would be at the hands of Anglin. 

Justice Cooke said he placed no reliance on Mr. Barnes’ evidence “because a misconception is a misconception no matter how many times it is repeated.” 

Jeremiah’s mother, Dorlisa Ebanks Barnes, was in the front seat of the vehicle at the time of the shooting, the judge continued. He said he put absolutely no weight on her evidence: it had no value. She saw no mask, she said the gun was in the shooter’s right hand and she ducked at the first shot, which was an understandable human reaction, the judge summarised. At best she had “a fleeting glance.” 

The evidence of Mr. and Mrs. Barnes was contradicted by the evidence of Carlos Ebanks, who was working as a pump attendant at the station. Mr. Ebanks told the court that the person he saw approaching was wearing a Halloween mask that covered the whole face.  

Justice Cooke said: “I unreservedly accept him as a witness of truth. He had no interest to serve. There is no reason for him to colour his evidence. In my assessment his evidence was completely unvarnished.” 

The judge concluded that the effect of the identification evidence was that the Crown had not adduced evidence of any probative value which would permit him to look at any supporting evidence.  

He therefore did not comment on any of it.  

That supporting evidence would have included the testimony of a CCTV analyst, who showed the court enlarged still photos from the CCTV.  

He pointed to coloured elements in the photo that he said showed the gunman’s face covered to the bridge of the nose (Caymanian Compass, 22 August). Other evidence not commented on included the sighting of a particular vehicle and its occupants. 

Anglin was also found not guilty in relation to a separate incident at Batabano Plaza on 30 January, 2010 where he was charged with possession of an imitation firearm and threatening violence to Mr. Barnes.  

The judge found the evidence of the Crown witnesses to be muddled and confused.  

He said he could not be clear on what actually took place. 

The trial began with Mr. Radcliffe’s opening statement on Friday, 12 August and concluded with the address of Defence Attorney John Ryder on Friday, 26 August. Mr. Radcliffe was assisted by Crown Counsel Elisabeth Lees. Mr. Ryder was instructed by Attorney Lucy Organ.