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Prosecutor urges conviction for 'assassination' of Yankee

David Cox denies premeditated murder

A prosecutor urged a jury to convict David Cox of what she described as the “the assassination of Yankee Rawlins.”Mr Rawlins, whose real name was Raymond, was shot 16 times as he entered the Spinning Wheel nightclub on Court Street, Pembroke, early last August 9.Mr Cox, 31, is on trial accused of being one of the two gunmen responsible for the murder, but he denies anything to do with the crime.Yesterday, prosecutor Cindy Clarke recapped on what she suggested were key aspects of the Crown’s evidence showing Mr Cox’s guilt.She invited them to consider that earlier the same night, Mr Cox’s friend Julian Washington was shot and injured at the Mid Atlantic Boat Club in Devonshire. She reminded them of evidence earlier this week from police gang expert Sergeant Alexander Rollin that Mr Washington and Mr Cox are members of the 42 gang.According to Sgt Rollin, Mr Rawlins was an associate of the rival gang, Parkside, with whom Parkside have been engaged in a murderous feud.Sgt Rollin explained an act of disrespect against one gang would prompt retaliation against the other.Ms Clarke told the jury: “We don’t strictly have to prove motive but in this case we say that it was the ongoing feud between 42 and Parkside.”She added: “We know Julian Washington had been shot and we say that someone from Parkside had to pay.”Ms Cox also reminded the jury of evidence from Michael Parsons, who was hosting his 31st birthday party at the Spinning Wheel that night.He said he’d been friends with Mr Cox since childhood and was also friends with Mr Rawlins.According to Mr Parsons, he recognised one of the gunmen, who wore a blue jacket with the hood covering his face, to be Mr Cox. He said he recognised him by his eyes. Ms Clarke urged the jury to accept Mr Parsons’ evidence, saying he had a “clear view” of the shooter under good lighting conditions.“You can safely rely on the evidence of Mr Parsons alone to prove that this defendant was the man who shot Yankee Rawlins.”However, she said, other evidence also points to Mr Cox’s guilt.A man at the scene after the shooting told armed police officer Terry Trott a baseball cap lying on Court Street belonged to the culprit. Forensic tests later revealed Mr Cox’s DNA was on the cap, together with gunshot residue. Mr Cox’s DNA was also found, together with gunshot residue, on a latex glove found in trash at a house in the 42 gang’s area.“Why would this defendant have his DNA and GSR on the same glove?” questioned Ms Clarke.In addition, she pointed out the getaway car allegedly used in the crime was stolen from, and found in, the 42 area.Referring to the defence case that this is a case of mistaken identity and the rest of the evidence does not show Mr Cox to be the shooter, Ms Clarke told the jury: “My learned friends would have you believe this defendant is a victim of circumstance. Sometimes people are a victim of circumstance. Sometimes they’re the architects of their own circumstances.”She concluded: “You should return the only verdict that this evidence supports and that’s the verdict that David Cox is guilty.”However, in his closing speech, defence lawyer John Perry QC pointed to what he said were flaws in the prosecution case. He acknowledged the killing “took place in very barbaric circumstances” and the jury will be concerned over the impact gun violence is having on the Island. Mr Perry also said: “42nd is not on trial. It is David Cox who’s on trial.”He said the jury could not rely on the evidence from Mr Parsons as people can be honestly mistaken about identification.“A mistaken witness can be a convincing witness,” he urged, pointing out “innocent people have been convicted”.Mr Perry said security camera footage indicates other people at the scene could have obscured Mr Parsons’ view of what happened. And he said there is no way the jury could be sure Mr Cox was wearing the latex glove when gunshot residue was deposited on it.Mr Cox has told the jury he did wear the glove, but only to fix a bike before putting it in the trash. “We have no evidence as to who the wearer was and that is a flaw in the prosecution’s case,” he said.Again, he said, Mr Cox’s DNA being on the baseball cap does not mean he was the shooter.He also quizzed what basis the prosecution had to say the shooting was retaliatory. Mr Cox denied during his evidence that he is a member of 42, and his lawyer said: “There’s no evidence in this case that someone wanted to get rid of Mr Rawlins, and by someone I mean someone from the 42nd gang.“There’s no evidence that the shooting down at the boat club was at the behest of Mr Rawlins.”Mr Perry urged the jury: “Remember your duty to Mr Cox. As a fellow Bermudian he’s entitled, members of the jury, to have justice done to him by his fellow Bermudians.”He concluded: “This Island must not be blighted by verdicts simply to placate one’s conscience. If the evidence doesn’t fit, you must acquit.”Mr Cox denies charges of premeditated murder and using a gun to commit murder and the case continues. The judge is due to sum up the evidence and direct the jury on the law today.