Getaway car owner too scared to name gangsters he lent vehicle to, jury hears
A man whose car was the getaway vehicle in a gang-related shooting told a jury he loaned it to gangsters but he's too scared to say who.
Cervio Cox, 26, is charged with conspiracy to murder in relation to the incident on Court Street around 9 a.m. on May 23, 2009, which left three men injured.
Pressed by his lawyer on why he would not name those who could be responsible when he is facing such a serious charge, Cox replied: "To be honest, I'm honestly scared about the repercussions.
"It's not just me that I have to think about. You can see from the climate of things there's too many people that I care about that I believe may be in jeopardy and I'm just not prepared to do that."
The case for the Crown is that the first person shot and injured that day 16-year-old J'Dun Thompson has links to the Parkside gang.
It's alleged J'Dun was targeted deliberately as an act of revenge by members of the 42 gang because they believed Parkside shot dead one of their members, Kenwandee Robinson, on St. Monica's Road the day before.
Another 42 member, Mikey Adams, was injured in that incident. He's Cox's cousin.
A Police gang expert told the jury on Tuesday that Court Street is considered to be Parkside territory while St. Monica's is the home of 42.
Sergeant Alex Rollin said J'Dun was an associate of the Parkside gang, Mr. Robinson and Mr. Adams were members of 42, and he had seen Cox on previous occasions in the 42 area.
Prosecutor Robert Welling has told the jury that although eyewitness descriptions of the Court Street shooter "clearly" do not match Cox, there was also a driver and passenger in Cox's blue Volkswagen car, which was used as the getaway vehicle.
"It's the prosecution's case that Cervio Cox was party to an agreement for the shooting and was either present in the blue car at that time or had lent the car to the shooter and his accomplices in the full knowledge that was about to happen," he explained during his opening speech on Monday.
However, taking the stand in his own defence yesterday, Cox denied being a gangster, and denied any involvement in the shooting.
He explained that he has family and friends in the St. Monica's Road area. He said he knew Mr. Robinson's family to be "good people" and went to St. Monica's around 8.30 a.m. last May 23, planning to offer "some words of encouragement" to them.
However, Cox said that just after he parked, someone he knew approached and asked to use his car. He said he does not usually lend the vehicle to anyone, but agreed on this occasion.
"Did you want to do that?" asked his defence lawyer Jerome Lynch QC.
"I mean, I couldn't say no," replied Cox. "I did want to say no but he just wasn't a person that you would say no to. He wouldn't take 'no' so well."
Pressed repeatedly by his lawyer on why he would not give the name, Cox said: "It's more than me. It's more than me. Family, children, so it's bigger than me at this point and I'm just not, I'm not prepared to go that far. I just can't. I'm frightened, and especially for my family."
He said he asked no questions of the person who asked to borrow the car, and did not realise it had been involved in the shooting until after the Police traced the owner and came to speak to him.
"I didn't even ask. I didn't expect him to say what for. I didn't think it would be for what they are saying it was used for, definitely," he said.
Cox also declined to name a second man with the man who borrowed his car.
He said he left the scene for at least half an hour after lending the car. When he came back, it had been returned and left with the keys in it.
Asked why he lied to the Police that he had never let anyone borrow his car, Cox replied: "I was just scared of saying who I had lent the car to. Scared of what might happen."
Pressing Cox further on the topic, prosecutor Mr. Welling asked if the men he was refusing to name are "gangsters".
"You could say that," he replied.
He agreed with Mr. Welling that he had not told the men he was coming to St. Monica's that morning.
"So quite by chance, there you are, and quite by chance, they asked you to borrow your car and you never asked why?" inquired the prosecutor.
Cox replied: "Admittedly now I would say it was a slip in judgement, in hindsight. But then and there I didn't think that that would be the case."
The case continues.
