Murder decision set for Thursday

Crown appealed Devon Anglin’s acquittal after fatal shooting of 4-year-old Jeremiah Barnes

The Court of Appeal is scheduled to hand down its judgment on Thursday in the case of Devon Anglin, who was acquitted in 2011 of murdering 4-year-old Jeremiah Barnes in February 2010.

The Crown appealed the verdict of Justice Howard Cooke, who heard the matter without a jury, as Anglin chose. Anglin was accused of fatally shooting the boy, who was in the back seat of the family car at the Hell Service Station in West Bay.

Justice Cooke found that the identification of Anglin by the boy’s parents was unreliable. 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.

The Crown’s position was that the trial judge erred by failing to consider identification evidence in its entirety and that in doing so, he wrongly concluded that there was no need for him to consider the rest of the evidence.

In addition to the evidence of Jeremiah’s parents, other identification evidence included the testimony of a pump attendant and videotape from a closed-circuit television camera outside the service station.

During the trial, the Crown suggested that Jeremiah’s father Andy Barnes was the gunman’s target. Attorney Andre Radcliffe, who conducted the case for the prosecution, explained at the time the concept of “transferred malice”: If a person aims at someone and shoots someone else, the shooter is still guilty of murder.

The appeal was argued in April 2013 after a preliminary argument in August 2012.

Anglin is serving a life sentence after being found guilty of murdering Carlo Webster at the Next Level Night Club in September 2009.

The Court of Appeal dismissed his appeal of that conviction in December 2012.

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