Attorneys representing two men accused of the murder of retired prison officer Harry Elliott Jr., have called on the jury to set aside the prosecution’s case in favour of “an alternative version of events”.
On trial are Justin Kyle Jackson and Eric Brian Williams-Soto, who each face charges of murder and possession of an unlicensed firearm, both of which they deny.
Both men accept that they attended the illegal gambling den along School Road, George Town, during the evening of 25 April 2022, with intentions of robbing the organiser. However, within seconds of them entering the small commercial complex Jackson pulled a gun and a shot was fired.
The incident was captured on CCTV, and that video has become the centre of Jackson’s defence.
An ‘alternative version’ of events
Jackson’s attorney, Sallie Bennett-Jenkins, KC, told the court that, contrary to the prosecution’s suggestions that the shooting was a deliberate act, “the gun went off accidentally”
“The prosecution’s own witness gave evidence that said after the shooting the look on [Jackson’s] face was as if he was bewildered and like he was saying, ‘I didn’t mean to do that’,” said Bennett-Jenkins.
Bennett-Jenkins was referring to the testimony of the owner of the gambling shop, Keron Cupid, a former police officer, who witnessed the shooting.
She added, “This is an incontrovertible account that the gun was discharged by accident, because he went on to repeat about [Jackson’s] bewilderment and not understanding what happened.”
To support this account, Bennett-Jenkins asserted that the gun went off while Jackson was trying to flee the scene, having quickly changed his mind upon entering the premises.
While replaying the video in slow motion, she walked the jury of six men and six women through what she said was a series of events that swiftly culminated in a horrible accident.
“You can see that as he is backing away, his hand is going up, just as both feet buckle as he slips on the elevated welcome mat,” she said. “As his hand is going up the gun goes off, clearly an accident as he didn’t even have the time to brace for the recoil.”
Bennett-Jenkins’s account has been consistently refuted by the prosecution who says the the buckling of Jackson’s feet occurred after the shot was fired.
‘Crabs in a bucket’
Charles Miskin, KC, who represents Williams-Soto, told the jury that when contemplating his client’s fate they need only think of three words – “sure”, “known” and “loaded”.
“You must be sure that Mr. Soto had known Mr. Jackson had a loaded gun,” said Miskin. “Nothing less will do. That is to say, you cannot simply think that he might have known that Mr. Jackson had a gun.”
He added, “If you cannot be sure about all of these facts, then the prosecution has failed to prove their case, and failed to prove Soto’s guilt. Remember, he needs not prove his innocence.”
Then, in a surprising turn of events, Miskin spoke of Jackson and his lead counsel Bennett-Jenkins.
“This is like the case of two crabs in a pot, that being the crab on the bottom, who knows his fate is sealed, attempts to pull back the crab that is about to escape,” said Miskin. “In this instance, Mr. Jackson is the crab in the pot and Mr. Soto is the crab about to escape.”
Miskin warned the jury against believing Bennett-Jenkins’s version of events, likening her to “a fairy godmother spinning a golden yarn”.
“Do not be taken in by these tales. It is clear that Mr. Soto entered the shop relying on Jackson for protection. The video shows him close behind Jackson, depending on him to lead the way,” he said.
In closing, Miskin also addressed a lesser charge of accessory to murder, which Soto has also denied.
“In order for him to be guilty of such a charge he would have had to know that Mr. Elliott had died,” said Miskin. “But as he clearly stated, he didn’t find out until two weeks later. This was never contested by the prosecution.”
Justice Cheryll Richards, who is presiding over the matter, has begun summing up the case, and the jury is expected to begin deliberating later this week.
Both defendants were remanded into custody.
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