Chief Magistrate to give ruling tomorrow on three murder accused

The possibility exists that two men could be acquitted of the murder of Esron “Banks” Ells, while the other goes to trial in the High Court.{{more}}

On Monday, January 31, Chief Magistrate Sonya Young told the prosecutor and defense counsel that she will reserve her decision in the matter until tomorrow, Wednesday, February 2.

Shawn Phillips, 27, Auto Body repair worker, Jabari Charles, 21, labourer, and Romano Pompey stand accused of causing Ells’ death.

Ells, 22, also of Redemption Sharpes, died shortly after 10 p.m. on June 18, 2010, after he was gunned down in the area of the National Broadcasting Corporation building at Richmond Hill, following an altercation with a group of men on Halifax Street, in the area of the Postal Corporation building.

The court heard closing submissions from Phillip’s lawyer, Jomo Thomas, who stated that his client was involved in a skirmish with the same men before Banks was killed. He said Phillips was playing the role of peacemaker and was in the wrong place at the wrong time.

That skirmish also involved Fernando “Skirty” Longdon, who was shot in the abdomen.

Ronald Marks, counsel for Charles was of the view that the prosecution must show where his client participated in the murder. Marks said his client ran away from the scene and headed to the Peace Memorial Hall area.

Marks also said there was no nexus between his client and the murder, since he was nowhere at the scene when Ells was shot and killed. “There is nothing to commit my client to stand for a charge of murder,” Marks submitted.

Prosecutor Adolphus Delpesche made his case to the court that the men acted in a joint enterprise at the time of Ell’s death. (KW)