Hung jury for man accused of attempted murder
After nearly nine hours of deliberations a Supreme Court jury told a judge last night it was unable to reach a verdict on the case of accused gunman Blaine Simmons for the attempted murder of Lo’Torean Durrant.
The hung jury verdict came in at 8.35pm, the jury went out at 1pm. The 19-year-old defendant could now face another trial on the same case.
Mr Durrant was shot through the body on the night of March 19, 2013, by a masked gunman waiting for him outside his Scotts Hill Road, Somerset residence.
The bullet passed through his abdomen and lodged in the door of a taxi as Mr Durrant fled from his assailant.
Mr Simmons faced charges of attempted murder and using a firearm to commit an indictable offence.
Forensic evidence identified the weapon as an automatic .380 9mm pistol, which could not be tied to any other shootings in the Island.
Summing up the evidence heard over the course of the two-week trial, Puisne Judge Carlisle Greaves reminded jurors that Mr Durrant testified he never saw his attacker’s face.
“He ran and he never looked back,” Mr Justice Greaves told them.
“He caught up to the taxi and unsuccessfully got in the left passenger door. He heard a gun shot but fell outside the taxi. He felt the pressure of the tyre by his head.”
The driver left the scene to report the matter to police, while Mr Durrant, after hearing a male voice call him “bitch”, took cover in the bushes outside an abandoned house.
He emerged when a fire truck arrived and discovered blood soaking through his jacket. Mr Durrant was taken to the hospital where he remained for two weeks.
“He could not say anything more about the shooter because he never looked back,” Mr Justice Greaves said.
The taxi driver described seeing a figure wearing a mask from the horror movie “Scream”, with the mouth area cut out.
Mr Simmons, a Carifta Games sprinter, was arrested shortly after midnight when police, acting on a report of a suspicious vehicle, traced the car to a condo complex where the 19-year-old had been given a lift.
Officers found his behaviour suspicious after Mr Simmons’ mother and younger brother turned up to collect him, and he was ultimately arrested.
Although the car he travelled in was scanned for gunshot residue (GSR), along with his clothing, his phone and a towel he was accused of using earlier that night, the jury has heard that a single particle of definite GSR was later recovered from the accused man’s BlackBerry phone.
The remainder of the GSR evidence was one- and two-component particles. GSR is deemed conclusive when it contains all three of the elements antimony, barium and lead.
Defence lawyer Marc Daniels’ case has depended heavily on assertions that the GSR evidence brought against his client could have been left behind as a result of cross contamination.
The defence has maintained that police firearms officers, the taxi driver on the night of the shooting, and even Bermuda Regiment friends of the defendant could account for the “trace” GSR recovered.
Prosecutors Loxly Ricketts and Maria Sofianos argued that the evidence showed without reasonable doubt that Mr Simmons personally acted as the shooter that night
After four hours’ deliberation, the jury returned for clarification on the definition of “reasonable doubt”, requesting an example.
“I cannot give you that,” Mr Justice Greaves told them. “Simply put, it means ‘so that you feel sure’.”
At that point, the jury was told they might have to give a majority verdict if at least nine could agree.