Accused led Police to gun – detective
A man accused of a shooting outside a Hamilton bar helped detectives recover a gun from a dumpster, Supreme Court heard yesterday.
Alvone Maybury is alleged to be an associate of the 42 gang, who shot at rivals from Parkside on Reid Street after a brawl at Captain's Lounge late on Friday December 18.
The bullet did not hit anyone, but left a bystander on the sidewalk suffering from fright and shock.
Maybury, 24, of no fixed abode, denies charges of possessing a handgun, ammunition, and discharging a firearm.
His trial heard on Monday that he was arrested over the shooting on December 21, and his BlackBerry cell phone seized by the Police.
A number of pictures were found on the phone, which were shown to the jury on Monday. They showed a man who was not identified to the jury – brandishing a handgun.
Yesterday, the jury heard a statement from Detective Inspector Calvin Smith of the Serious Crime Unit.
He explained that on January 12 this year, Maybury was taken into Police custody in relation to an alleged firearms offence on Wednesday December 16 two days before the Reid Street incident. Det. Insp. Smith was informed by detectives who interviewed the accused that "Maybury had volunteered to provide information about persons in possession of a firearm" and they wanted to do further interviews with him.
The next day, Det. Insp. Smith agreed to a meeting requested by Maybury's lawyer, Llewellyn Peniston.
"Mr. Peniston indicated their intention to assist the Police in the recovery of a firearm. He requested that for this assistance, the Police not pursue a charge against his client Maybury for a photograph discovered on his cell phone which appears to depict Maybury handling a firearm," he said.
Det. Insp. Smith said he agreed, and Mr. Peniston agreed Police could pursue any charges against Maybury that could be brought in relation to future information or analysis of the firearm.
Det. Insp. Smith's statement was read into evidence by prosecutor Maria Sofianos with the consent of Mr. Peniston, meaning the officer did not give evidence in person.
It went on to explain that detectives then conducted a video interview with Maybury and searched a Spring Benny Road, Sandys, residence, which did not lead to anything being recovered.
The following day, detectives continued to interview Maybury, and at 10.30 p.m that night, they told Det. Insp. Smith they'd recovered a Beretta semi-automatic handgun.
The trial heard on Monday from Police Sergeant Raoul Ming of the Armed Response Unit, who found the weapon in a dumpster behind Traditions Restaurant in Sandys.
The unloaded firearm was wrapped in a bandanna, and was inside a canvas bag inside a white hamburger box. Police swabbed the gun for DNA and fingerprints, but the tests came back negative.
The court heard yesterday that DNA and gun shot residue tests were also done on Maybury after his arrest on December 21, and the gun was sent to Miami earlier this year for forensic testing.
The case continues.
