A 29-year-old man accused of killing a friend in what prosecutors allege was a dispute over a $175 car rental fee faces a retrial after a jury failed to reach a verdict in his murder trial.
The trial of Javon James Dixon ended in a hung jury Tuesday after the five men and seven women on the panel could not reach a unanimous decision on the charge of murder or an alternate charge of manslaughter.
Dixon is accused of shooting Jovin Omar Fuentes outside a convenience store in Bodden Town on 1 July 2022. Prosecutors claimed the motive for the killing was an argument over $175, which the victim apparently owed Dixon.
The accused killer was remanded in custody ahead of a retrial, expected to be scheduled for August. He is seeking to be released on bail ahead of the second trial and a hearing will take place next week.
Lengthy deliberations
The jury was sent out on Friday morning following the two-week trial.
However, after more than two full days of discussions and multiple questions to the judge, they could not arrive at a united decision.
Dixon, of Bodden Town, was on trial for one count of murder and another of possession of an unlicensed firearm in relation to the killing of 32-year-old Fuentes. A lesser charge of manslaughter was also open to the jury to consider.
Cayman’s Judicator Act requires that, in cases of murder, all 12 jurors must be in agreement for there to be a guilty (or not guilty) verdict, or what is called a unanimous verdict.
However, for the charge of manslaughter, a unanimous verdict, although preferred, is not necessary. A majority verdict of at least nine to three jurors voting either way can suffice.
When the jury was unable to reach a verdict on either the murder or manslaughter charge, Justice Cheryll Richards discharged them. The law allows for a new jury to be selected and a retrial will be held.
The case at a glance
Dixon who was taken into custody a few hours after the shooting has consistently denied the allegations and told police that a hitchhiker called ‘Blacks’, was responsible for the shooting.
Candia James-Malcolm, the deputy director of public prosecutions, who led the proceedings against Dixon, told the jury they need not have any doubts about Dixon’s guilt during her closing speech.
“Ladies and gentlemen, Jovin Fuentes’ killer is not walking the streets of the Cayman Islands,” said James-Malcolm. “He is right here sitting in that dock, he had the motive, he had the opportunity. He clearly had the means and we say you can be sure that on the evidence that has been put before you during this trial.”
When presenting their case the prosecution relied heavily on four family members of Fuentes who each told the jury that on the day of the incident Dixon and Fuentes were had a heated dispute.
Some family members recalled seeing a gun, others recalled Dixon using the gun to shoot Fuentes, while others said they didn’t see the gun or that they didn’t see the shooting.
Dixon did not give evidence during his trial.
His lawyer, Amelia Fosuhene, closed the case with a series of questions aimed at unravelling the prosecution’s case.
Fosuhene pointed to the fact that the shooting itself was not captured on CCTV, that Dixon and his vehicle tested negative for gunshot residue and that the murder weapon was never recovered.
She also highlighted inconsistencies in the witnesses’ account of events.
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