Dain Damean McPherson was found guilty on Tuesday of wounding with intent to cause grievous bodily harm to a co-worker at Foster’s Food Fair, Countryside Village, on Sept. 1 last year.
Mr. McPherson had admitted hitting O’Shane Myles on the head with a hammer, but said he had done so in self-defense.
The trial began on Friday and included CCTV of the incident. The jury of five women and two men deliberated for less than an hour before returning a unanimous verdict.
Crown counsel Toyin Salako reminded the jury in her closing speech that there was no weapon seen in the exchange between the two men until Mr. McPherson went to a security area, opened a box, took out a hammer and walked up to Mr. Myles.
Mr. Myles succeeded in getting the hammer away from him and walked away, but Mr. McPherson took the hammer back and struck Mr. Myles twice before other staff members separated them.
Defense attorney Amelia Fosuhene told jurors that the CCTV did not show what had happened before then, but they had heard evidence of Mr. Myles being the aggressor, pushing Mr. McPherson and following him into the store and not leaving him alone.
Ms. Fosuhene urged jurors to note the “body language” in the CCTV which, she suggested, showed Mr. Myles to be angry and aggressive.
Mr. McPherson had been hit, abused and threatened by Mr. Myles, who was his supervisor, and he did not think clearly or logically as to the degree of force he could use to defend himself, she submitted.
Justice Michael Wood commented on other aspects of the evidence.
Mr. McPherson had told the court that Mr. Myles had said he had a gun in his vehicle and was going to shoot him. He also stated that Mr. Myles had pushed a bottle into his chest hard, which concerned him because he had a heart condition.
The defendant did not mention the bottle being pushed into his chest when he was questioned by police.
Mr. Myles said at no stage did he ever have a gun and he never threatened Mr. McPherson.
Several defense witnesses spoke highly of Mr. McPherson’s good work attitude and humble, non-aggressive ways, the judge noted.
After the guilty verdict, he granted bail with conditions that included surrender of his passport and a specified residence until sentencing on May 18.
Ms. Fosuhene asked for a social inquiry report and Ms. Salako asked for a victim impact statement.