Jury finds pair guilty in heroin case
Tensions ran high on Wednesday as two young Pembroke men were convicted of having nearly $140,000 worth of heroin and obstructing Police.
Several spectators found the first guilty verdict against Damon Kujal Simons and Jamel Tito Smith too much and rushed from the court.
Police report a 43-year-old St. George's man -- believed to be a VSB cameraman -- was struck with a helmet outside the courtroom while the jury was still giving its verdict.
Now defence lawyers Mark Pettingill and Elizabeth Christopher have until September 12 to prepare arguments to mitigate the potential prison sentences Simons and Smith face.
Simons was found guilty on the four counts he faced with Smith: Possession of heroin with intent to supply, possession of drug equipment, and obstruction of Police.
The jury found Simons also had possession of cocaine -- but they did not find it was intended for supply. On each count he was convicted on an 11 to one majority verdict.
Smith was found guilty of possession of heroin and drug equipment and for obstruction. Each verdict was unanimous.
There was a huge gasp from the gallery but neither Smith nor Simons showed any emotion as the verdicts were read.
The 19.98 grams of heroin is worth $137,875 if divided up and sold on the streets while the 21.1 grams of cocaine Simons possessed was worth $3,000.
Crown counsel Larry Mussenden said Simons, 23, of First Avenue, and Smith, 22, of West Park Lane, were "caught in the act'' of a "bagging operation''.
Police busted through a double locked door of a tiny studio apartment at 11 King's Gate Lane, Cox's Hill, Pembroke on February 12, 1999.
The drug processing Police interrupted was taking place in a family friend's apartment while she was at work.
Mr. Mussenden said Police found a "trail of drugs'' from a kitchen table to a still re-filling toilet, packets of heroin floating in the rising water.
Police found Smith next to a table covered in clear plastic twists full of white powder.
Three officers testified they saw Simons escape out of the apartment through a window as they were perched on a ledge.
He jumped to freedom, stumbled and dropped two small packages containing cocaine and disappeared only to be caught less than four hours later by two of the same officers.
A search of the apartment turned up an electric measuring scale, a spoon, two mirrors, clear plastic bags, red twist ties, two pairs of scissors and newspaper.
While the officers did not know Simons' name as he jumped to safety, one cop said he had recognised him as a spectator at sports events and added he had a "distinctive'' face, which aided identification.
Smith told Police he was there to have lunch -- the apartment's owner, a prosecution witness, admitted she failed to meet him -- and he was wearing his work uniform when arrested.
In her jury directions, Puisne Judge Norma Wade-Miller warned the jury to "examine carefully'' Police identification evidence and not to "prop up'' one officer's testimony with another's.