Devon Jermaine Anglin was sentenced late Friday to imprisonment for life after Chief Justice Anthony Smellie found him guilty of murdering Carlo Webster, 35, at the Next Level Night Club in the early hours of 10 September, 2009.
Anglin, whose 26th birthday was 22 January, had opted to be tried by judge alone. Evidence and legal submissions were heard 1-15 December. In handing down his verdict, the judge referred to the “tragic and terrifying killing” that occurred in the crowded and dimly-lit club. Of the estimated 300 people present around 1.30am, only one had come forward to say he/she saw Devon shoot Carlo. That person and one other were granted witness anonymity.
One of the bullets fired went through Carlo and hit Chris Edward Solomon, who had gone to the club with Carlo. As a result, Anglin was also tried for attempted murder, by reason of transferred malice.
The chief justice returned a guilty verdict on this charge also, along with possession of an unlicensed firearm. Although imprisonment for life is the mandatory sentence for murder in Cayman, the other convictions have a range of sentencing options. Defence attorney Lucy Organ told the court that because the Bill of Rights will be coming into effect in November, she would have submissions to make on sentencing. The matter was adjourned for a date to be fixed.
The chief justice took two and a half hours to explain the evidence that led him to his conclusion of guilty. Anglin had acknowledged being at the club, but denied the allegations against him. He did not give evidence. The judge pointed out that it was for the prosecution to prove guilt to the requisite standard – making the judge sure.
Director of Public Prosecutions Cheryll Richards was assisted by Crown Counsel Elisabeth Lees. Ms Organ instructed Dorian Lovell-Pank for Anglin.
The issue was identification of Anglin as the gunman. Anonymous Witness B, who said he had known Anglin for 10 years, told the court during trial he saw Anglin shoot Webster three times. Anonymous Witness E did not know Anglin, but described a man walking past him after the shooting and putting a gun in his waist pants.
The prosecution sought to support their evidence by calling Grant Fredericks, a forensic video analyst who explained and interpreted infrared CCTV footage and other images from cameras inside and outside the night club.
Both Witnesses gave evidence anonymously from an undisclosed location.
The chief justice said Witness B had visual recognition of Devon Anglin at different points during the night, having arrived around 10pm and Devon about 10 minutes later. Witness B saw Devon punch another man and kick him. After that, Carlo came and punched Devon. Devon walked to the men’s restroom. Carlo also walked to the restroom, but was waylaid by a young woman described as Devon’s girlfriend.
The two started talking and Witness B by that time had changed location, dancing in an area known as Lounge One. While Carlo was still talking to the girl, Devon came out of the restroom, took a gun from his waist, pointed it at Carlo and started shooting.
The chief justice accepted that this account was irreconcilable with CCTV footage showing Carlo in the men’s restroom or at the threshold for five minutes or more. He found Witness B to be mistaken about Carlo being stopped on his way to the restroom. However, Witness B’s evidence was that Carlo had stood talking for about two minutes and two minutes is about how long Carlo did stand outside the restroom after that camera showed him exiting. The failure to account for Carlo’s five minutes in the restroom did not mean Witness B was unreliable, the judge said, since Witness B himself was moving around.
Lounge One was elevated and Witness B had a good vantage point, as the judge had confirmed during a court visit to the club. He considered it to be of importance that Witness B could recognise a number of individuals in the group outside the restroom. Witness B was firm that Devon came out of the restroom alone.
He said Carlo grabbed his side after the first shot. As he was falling to the ground there was a second shot. Then while Carlo was on the ground, Devon walked up to him and fired again.
“Only a witness who actually saw the shooting could describe it in such detail,” the judge said.
Witness B said the shooter walked toward an exit door near the VIP section of the club, when Witness E and Mr. Fredericks said the shooter walked out of the main exit, which is on the opposite side of the club.
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