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Richardson convicted in death of Marco Warren

We fought hard for Marco: the family of footballer Marco Warren in the wake of a Supreme Court jury finding former senator Curtis Richardson guilty (Photograph by Blaire Simmons)

Former senator Curtis Richardson was found guilty after two hours of deliberation by a jury of causing the death by careless driving of top domestic footballer Marco Warren in 2023.

Puisne Judge Alan Richards ordered a social inquiry report after the verdict and remanded Richardson, from St George’s, in custody.

Two weeks before the incident near the intersection of Trinity Church Road and North Shore Road in Hamilton Parish in the early hours of May 14, 2023, Mr Warren was honoured by the Bermuda Football Association as its most valuable player for the third time.

Champion: Marco Warren was awarded the Bermuda Football Association’s Most Valuable Player award for three consecutive years, with the last time just two weeks before his death (Photograph by Blaire Simmons)

Richardson denied the offence after being charged about six months later. The conviction was handed down on his 52nd birthday.

Richardson could serve up to eight years in prison, according to prosecutor Audley Duncan.

Mr Warren was credited with helping Pembroke-Hamilton Club claim the Premier Division title and Friendship Trophy during the 2022-23 season.

The midfielder was a graduate of Flagler College in Florida with a bachelor’s degree in graphic design.

Mr Warren came from a sporting legacy as the son of former Boulevard Blazers star Dwight “Payback” Warren and he was the great-grandson of PHC and Bermuda football legend Earl “Townsey” Russell. His death marked the island’s fifth road fatality of 2023.

Detailed work: police work the scene of the death of top footballer Marco Warren, shortly after 3am, Sunday, May 14, 2023 (Photograph submitted)

The court heard Mr Warren, 29, was walking home from Bailey’s Bay Cricket Club in Hamilton Parish at about 3am. Multiple witnesses and CCTV footage observed Mr Warren to be unsteady on his feet while at the club and walking along North Shore Road, suggesting he was intoxicated.

He was last seen wearing a dark sweatshirt with white print and dark pants.

Warren family tell Marco: ‘We fought for you’

The family of Marco Warren welcomed the verdict with a rush of tears and prayers.

Speaking outside of the Dame Lois Browne-Evans Building, the 20-strong group thanked God, the community and each other for support during the three-year case.

They also shared a unanimous message: “We love you, Marco.”

Chelsea Warren, Mr Warren’s sister, said: “God has seen our tears. He's seen our private tears, our private prayers, our private request and, I think, this is what it looks like when a family sticks together.

“We're not perfect, but we have a lot of things in common — No 1, our faith, and No 2, our love for Marco.

“We fought for three years together. When one of us was down, the others were picking them up.

“The outcome today is a testament of what God would do if you put Him first and you trust.”

Ms Warren, 31, said the family fought hard for Marco Warren, whom she described as “a staple in our community, a brother, a son and a father”.

She added: “Marco deserved this and it was always ‘Marco matters’ to us.

“We want to thank the community, because I don't care what anyone says, Bermudians rallied together to help us in any way they could.

“Whether it was words, information, anything, Bermudians stood together and they stood behind us.”

Speaking on Mr Warren’s three-year-old son, Vega, she said: “Vega isn't going to have to grow up wondering what happened; we have that answer for Vega.

“In addition to everything we said, it’s another young Black boy growing up and we know that we fought hard for his dad.”

On the length of the whole process, she added: “That's another story for another day.

“We just want to soak into this and thank God for bringing us this far.”

Wendie Warren, Marco Warren’s mother, said her family would pray for Curtis Richardson’s family because “there’s really no winners”.

She added: “In life, there are consequences and hopefully we learn from them and we support each other.

“We have no animosity, no remorse as such. Disappointment, but no animosity. So we’ll be praying for him and the community.”

Tamara Stevens, Mr Warren’s cousin, admitted she did not feel relieved because “nothing is going to bring Marco back”.

However, she added: “I just hold tight to the fact that every time I struggle, I had to go to God.

“God is in control of everything and my mama kept reminding me that God’s coming back for Mr Richardson, too.

“Whether we like it or not, he’s God’s child, too, and I just pray that God has a change in his heart and whoever else might see our family standing together for truth, rights and justice for God.”

“It’s unfortunate that Marco had to be used in this situation, but Wendie, his mother, always says ‘God has a purpose for my son and my son’s death was a part of God’s purpose’.

“So, as much as it hurts us, we have to keep that same positive attitude.”

Kalay Hollis, Mr Warren’s girlfriend and mother of his son, said she was [relieved] to have closure on the case.

She said her late partner’s death happened during her first Mother’s Day when their son was only three months old.

“It’s not been the easiest journey for me, raising [Vega] and grieving [Marco] at the same time,” she admitted.

“I’ve done the best that I can and we both miss him so much.”

When asked to share a message for Mr Warren, Ms Hollis said: “I stayed strong for you, I miss you so much and I love you so much.”

Carrington Mahoney, for the Crown, suggested Mr Warren was walking west in the eastbound lane of North Shore Road when Richardson struck him with his taxi.

Mackie Crane testified that he rode behind Richardson and observed what he thought was a “trash bag” on the side of the road.

He then saw Richardson by Bay Corner and asked if he saw the object, which he later learnt was Mr Warren.

Rache Hodsoll told the court Richardson flagged her down a short time later and asked for her assistance.

The nurse said Mr Warren had “very laboured breathing”, while Richardson seemed “quite standoffish” and denied knowing what had happened.

Police and an ambulance arrived to take Mr Warren to King Edward VII Memorial Hospital, where he was pronounced dead.

Richardson gave a voluntary police statement, where he told officers he thought he saw a trash can that night and swerved to avoid contact.

Remanded: former senator Curtis Richardson (File photograph)

Police officers looked at CCTV footage and vehicles potentially involved, reviewed 911 call logs and examined the area.

An autopsy conducted by Michael Pickup noted “significant” internal injuries in Mr Warren’s body.

These injuries included multiple fractures to his pelvis and ribs, lacerations to the liver, spleen and bladder, tears to the pancreas and vessels in the left kidney and almost three litres of internal haemorrhaging — about half the average level of blood in an adult body.

Dr Pickup said the injuries likely came from a large, flat-fronted vehicle travelling at speeds as low as 40km/h.

The pathologist added there were no tyre marks on Mr Warren’s body, but did find a scuff mark on his sweatshirt.

Glenn Luben, a traffic collision expert and lecturer from Florida, said the Bermuda Police Service contacted him in October 2023.

Mr Luben investigated the crash site, two vehicles seen during the time of the incident, including Richardson’s, police evidence and Mr Warren’s body.

He noted marks across Mr Warren’s chest that he said matched the pattern of the undercarriage of Richardson’s taxi, as well as marks above the left knee on the body and trouser leg that matched the taxi’s bumper.

Mr Luben added that there was sufficient lighting in the road at the time with a clear, straight view and no trash bags visible from the westbound lane.

He concluded that Richardson’s taxi was the vehicle that struck Mr Warren and that an experienced and unimpaired driver “could have or would have taken action”.

Despite this, Victoria Greening, for the defence, challenged the expert’s impartiality and suggested he was directed by police to link her client’s vehicle to Mr Warren’s death.

She further suggested he failed to consider the possibility of a second vehicle and misattributed certain marks, injuries and statements, suggesting his investigation was flawed and incomplete.

Meanwhile, Philip Lewis, a traffic collision consultant, told the court he conducted his own investigation into the incident and concluded Mr Warren was “more than likely” hit twice.

He pointed to a “significant injury” on Mr Warren’s right upper leg that he said did not reflect a single collision.

He added that, because there were no lower-leg injuries on his body and no dents on Richardson’s taxi, Mr Warren likely was not standing when he was struck.

Mr Lewis suggested there was “no contact between [Richardson’s] vehicle and the deceased,” although he later suggested the front left bumper might have struck him.

He also noted a report from witness Renée Wallace of a Mazda-style “ghost vehicle” — so-called because it was not seen by anyone else — spotted travelling at a high rate of speed.

Mr Mahoney cast doubt on Mr Lewis’s analysis, suggesting he failed to do his due diligence in finding all the necessary evidence and ignoring findings that did not align with his theory.

‘The evidence spoke for itself’

Acting Superintendent Jason Smith welcomed the jury’s decision.

Outside the court, he said: “This was not an easy case, but I think the evidence spoke for itself.”

Mr Smith added: “I think the important message for this case is that the family of Marco Warren can find that the person who knocked their son down is going to face justice.”

Mr Smith commended Carrington Mahoney, the lead prosecutor of the case, who has bookended a 20-year tenure with the Department of Public Prosecutions with this case, as well as Mr Mahoney’s team.

He also thanked the overseas forensic who assisted with the investigation and the “hard work and dedication” of the Bermuda Police Service.

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