Was Patrick Powell outfoxed by the cops !

Patrick’s two sons were taken into custody shortly after he fled the  country following the shooting of young Mais.  They were taken in,  in relation to a 2009 incident in which a man was crippled.

So the question is , why did it take so long to arrest him?

Answer : The powerful influence of the family.

So why was he arrested now?

Answers : 1. The no nonsense approach by the commissioner of police who (… well let us leave that right there)

2. To get his dad to come home

Was Patrick lead to believe he would come, get his son out of custody as he had done in the past and then return to the USA?

Rest assured never in his wildest dream did he believe he was going to be in a cell  having been able to beat ……  again lets hold that one for now.

The police will have tough questions to answer about the character of this person and I am 99.9% sure that heads will roll as a result of this trial.

 

If you think Dudus was the President, just wait until you hear who this guy really is.

Stay tuned.

Patrick Powell charged with Murder !!

Breaking News !!

Businessman Patrick Powell has now been charged with murder in what is now called the X6 murder case. See link to this breaking news on the Jamaica Observer.

Update @ 9:00pm

We have learnt that Mr Powell was charged after the police had prepared a file and sent to the DPP for a ruling, the DPP agreed with the cops and he was charged with the offense as listed in the link below.

As I reported already proving murder is not very easy , “reckless homicide” may have been a better charge, but the legal minds should no best.

We now have a picture said to be that of the Infamous Patrick Powell (Courtesy OGNR)

Patrick and the X6

Patrick Powell

http://www.jamaicaobserver.com/news/Businessman-charged-with-Kajheel-Mais-murder

Newly release picture of Patrick in cuffs

Patrick in cuffs

 

 

Its day 20, yet no ID Parade, when will it be?

Its already Wednesday and we have not heard when the ID parade will take place, or has it been already completed?

Will it be done this afternoon ?

X6 Murder is not a open and shut case !!

Contrary to what many Jamaicans believe, this particular case will not be an easy one to prosecute and get a murder conviction, as many seem to believe.

As this case progresses, we need to seriously focus less on the name of the suspect and more on the case itself, to ensure that we are really looking at what’s important and what is not.

The suspect has employed the services of one of Jamaicans top-notch lawyers, not only that he has returned “voluntarily” to the country, which is unheard of in a murder case. Usually the suspect takes off never to be heard again and it takes a combination of skill, wit and help of FBI or Interpol to catch up with these guys.

The return of the suspect should not be taken lightly as I am of the opinion that his return will form part of the legal challenge  against a  possible murder charge. In the last article I wrote ” what if the X6 suspect” is not identified in the ID parade and went unto to give my thoughts as to how we can pin him to the killing of the teen.

Today I use the word killing and not murder and I do so advisable. Murder in many cases conjure the image of something premeditated, now herein lies the problem.Well what if the suspect is in fact identified in the ID parade, in this case the defense will try to move the charge from murder to involuntary man slaughter and they could easily be successful in doing so given the circumstances of the case.

Now based on media reports, the taxi ran into the back of the SUV, here is where the defense will more than likely start. Recall there has been a spate of recent kidnappings and the police in a release noted that persons would intentionally run into you hoping you will to exit the vehicle,  after which you could be kidnapped and held for ransom. This had occurred just a few weeks earlier in the Norbrook area to a Mr. Frankson.

The defense will most likely argue that his client thought he was a victim of a  ” hit and rob/kidnap” situation and decided to take action to defend himself since he refused to be held for ransom and he thought he was under a similar attack as had occurred recently.

He could suggest that in the dark he thought the object (what object) in the drivers hand was a firearm and so he discharged his weapon to scare off the “would be attacker”.

What we know or should we say what the media has reported?

 

1. Mr. Mais died from a gunshot wound to the head (we don’t know entrance/exit of the bullet).
2. Mr. Mais had a bullet wound to the chest.
3. The back of the taxi was shot out
4. The car was chased and more shots fired at it.

Now let’s try to explore each of what has been reported (if true or not we have no idea as no police confirmation).

1.       Mr. Mais died from a bullet wound to the head.

We know (again from media reports) that the bullet was found via x-ray analysis which would suggest that the bullet was lodged in his head. Based on that we can tell where the entrance wound was and possibly the position he was in when he got that shot.

2.   Mr. Mais had a bullet wound to the chest.

Based on this reported statement it would seem to suggest that he received this shot from the front i.e. the suspect was standing in front of the Taxi and shooting at it.  Now here is where I will form an opinion. It would appear that if the defense goes down the path of  “self -defense” in this killing they would suggest that this wound is consistent with the suspect shooting to protect himself.

 

But there is problem here (note again we do not have official reports), but from all the reports we have heard so far the front of the taxi was not shot out of any other window except the back glass.

The pathologist reported said the young man died from a bullet wound to the head, which would seem to suggest that the frontal (self defense) shot was not the fatal shot.

3.    Back glass of taxi shot out

Once again there seems to be some level of discrepancies between the reports in the main stream media report and the findings by the pathologist. While it may not be a big issue it may simply be an oversight by journalist who have been less than through in their reporting i.e. error of omission.  The fact that the cops have not released much information also makes it a bit difficult to put together the pieces. Can anyone explain why we have not been able to get a close up shot (no pun intended) of the X6 or the Taxi. It is inconceivable that we do not have good investigative journalist who are able to use a camera with a incredible long zoom range to get close up pictures of the vehicles.

Anyway back to the main issue.  The reports indicated the back glass of the taxi being shot out, but the front should also  have bullet holes  and possibly the sides of the taxi.

It is reasonable to assume that as Mr. X6 approached the car from the front and the youngster said ” him coming wid a gun” that the taxi would have reversed to get away, then turn around the car and driven away. ( This could explain the bullet wound to the chest)

4.    The car was chased and more shots fired at it.

This would explain why the back glass would have been shot out, but here comes the clincher, was this the point at which young Mais suffered the fatal wound to the head. This we will not know until it comes to the time of the trial. The police would have had to determine the position he was in when he got the fatal shot. He could have been sitting face forward i.e. looking out to the front of the car, when means the entrance wound would be to the back of the head on at an angle penetrating the head from an angle at the back. See below. ( Downwards as the SUV is higher than the taxi)

head shot1

Any angle as depicted above could have been the entrance wound on this side of the head, the back or the other side if the fatal would came as a result of the chase.

Now if the pathologist report shows a wound coming from the rear, it proves that the youngman was killed as the taxi driver sought to flee from the enraged motorist, after the accident and as such it’s a case for murder not man slaughter.

If however this was not clearly identified in the pathologist report, Mr. X6 could easily get away with a manslaughter charge and would get a significantly reduced sentenced if he is found guilty.

Is the X6 suspect( Patrick Powell) really in police custody?

We have seen many a suspect who have been held for more than 72hrs had the lawyers demand the release of their client having not been formally charged by the police.

Mr Powell was said to have been “held” since last week Monday and has not been charged for any crime, yet his top notch lawyer Patrick Atkinson has not demanded that he be released or charged. Instead Mr Atkinson has offered nothing but praise for the restraint and “timely” release of information by the police.

Why the deafening silence by the one of the top lawyers in Jamaica?

It begs the question is Mr Powell really in police custody or protective custody….

Lets follow this one very closely as something is amiss …. Stay tuned!!

What if X6 Suspect is not identified, in ID Parade?

The X6 suspect Mr Powell will face an ID parade sometime next week, sounds good right, case is now progressing.

Have anyone considered the possibility that he may not be “picked” out of the list of suspects to be paraded?

What would happen if he is not picked out?

Well the cops I believe would have no reason to keep him in custody so he will have to be released. To keep him in custody the cops will now have to (bail act changed) show the courts that despite the failed ID parade, that there is compelling circumstantial and forensic evidence to link him to that location at the time of the shooting.

What do we no so far.

1. He has refused to answer any question from the investigators
2. He has refused to hand over his licensed glock firearm for inspection.
3. He is refusing to corporate with the police.

Options the cops have.

1. Beat the “crap” out of him like they do to “poor” people (not recommended).
2. Revoke his gun license , this would now make him the holder of an illegal firearm and so that charge could be added, ie illegal possession of firearm and ammunition.

What I find very interesting is that hours after the supreme court overturned the “amendment to the bail act” we learn that the suspect will face a ID parade next week, is this mere coincidence? Maybe not but very, very convenient.

Stay tuned for more.

Updated 

Social media affecting investigation, well lets do more …

If the suspect is not identified next week, all is not necessarily lost here is why.

• The BMW X6 has an onboard tracking system, which is monitored by xxxxxxxxxxxx , so the police can get the tracking data from  xxxxxxxxxxxx which can be used to pinpoint the path the vehicle took to and from the accident scene. (Technology) All that needs now is to fix the X6 location on the map to the point where the incident occurred . The fact that the vehicle was driving at some point prior to the accident ,  you can used the very same tracking system to determine the BMW average speed and indicate pretty accurately if he stopped and for how long. Using goggle map you can determine if the point where the vehicle stopped was at a traffic light. The time beyond traffic lights stops that he would have made can be determine based on how long a light would take to change from red to green. (Lawyers are good so they will say the stop was one at a traffic light). So if based on the route and following it on goggle map he made say three stops at traffic lights, we can determine that and also the length of each stops, this can give a good indication of the “kill stop” , as the length of time the vehicle was stationary was longer than that made at traffic stop.
•  Next we need to pinpoint the suspect to the scene of the crime via another method, which is  called telephone triangulation. Networks use this to determine your approximately location based on the closest cell tower to the point where you are at a particular point in time. The signal from your phone is strongest when you are close to a cell tower. Immediately after the accident the suspect would have made a telephone call to XXXX to indicate an accident and he was on his way xxxx. So getting the telephone record from Digicel , lime or Claro will prove valuable in determining if the suspect was in that location where the car was at that time of the day/night. Once this information is available you can prove that the suspect was in fact the one in the vehicle at the time of the shooting .
•  Now this information only proves he was on the scene when the crime was committed, we still need to prove that the bullet killed the guy came from his gun.  We may not be able to prove that he fired the shot, but any reasonable jury would reason that if the bullet that killed the youngster came from his gun and he was in that spot at the time the gun was fired, then the he fired the fatal shot..
• NOW WE NEED THE GUN !!!

The failure of the police to recover the gun nearly 15 days after the incident is a huge problem here is why:

• To determine if the bullet that killed the lad was fired from a particular gun, you first must have the suspect gun as well as the slug from the body.
• Next you fire the gun, typically this is done in a drum of water( Water slows down the speed of a bullet significantly without much damage to the slug)
• Next you recover the slug .
• Next you do a side-by-side comparison with an electronic microscope connected to a monitor.
• What you are doing here is to determine if the swirl marks on both bullets are the same. The barrel of a firearm has marks created by the process involved in making the barrel. Now as the bullet travels down the barrel these marks, lets call them signature marks are left on the bullets. If there is a match you can prove without a shadow of a doubt that the bullet came from that gun.

So do you now get my drift, if for any reason the barrel is tampered with the signature marks on the bullet will change and so now the latest fired round (test round) will end up with a different set of swirl marks than that recovered from the victim.

It is inexplicable that the cops cannot get the suspect to turn over his firearm, which I am sure by now have been tampered with by xxx xxxxxx

Stay tuned for more …..

Patrick Powell aka “Nigger Charley” to face ID parade next week!!

The gleaner is reporting the following :

Police investigators are to conduct an identification parade early next week as they intensify their probe into the infamous X6 killing.

http://go-jamaica.com/news/read_article.php?id=30159

Amended bail act, unconstitutional !

Great timing !!

Today the supreme court ruled that the amendment to the bail act of July 2, 2010 is unconstitutional.  This amendment last year among other things allowed the cops to hold a suspect for certain crimes(like murder) for 60 days  after being charged for an offence without  a bail hearing.

In addition to this provision the burden of proof in determining if bail should be granted was shifted from the prosecution to the defendant, here the defendant had to prove  they should be granted bail. This particular act has help drive down the crime rate over the past 12months by keeping suspects off the streets thus reducing the incidents of shooting and murder.

The original acts says

defendant had to prove  they should be granted bail. This particular act has help drive down the crime rate over the past 12months by keeping suspects off the streets thus reducing the incidents of shooting and murder.

The original acts says

1)  Subject to the provisions of this Act, every person who is charged with an offence shall be entitled to be granted bail by a

Court, a Justice of the Peace or a police officer, as the case may require.

(2)  A person who is charged with an offence shall not be held  in  custody for longer than  twenty-four  hours without the question of bail being considered.

(3)  Subject to  section 4 (4), bail  shall  be  granted to  a defendant who is charged with an offence which is not punishable

with imprisonment.

(4) A person charged with murder, treason or treason felony may be granted bail only by a Resident Magistrate or a Judge

 

The question today on today’s landmark ruling is what does this mean for the Jamaican citizen and in particular the X6 murder case, is their any link. I am not suggesting it is I am merely posing the question.

The original bail act : 
http://www.moj.gov.jm/laws/statutes/The%20Bail%20Act.pdf

Day 13 and still no charges have been laid, less than 17hrs left!

Patrick Powell who was taken into police custody must be charged within the next 17 hrs or he must be released by the cops. The new anti crime bill allows the police to hold a “suspect” for no more than 72hrs after which he must be either charged or released.

Mr Powell was picked up at midday Monday, July 11, 2011 and as such must be charged by midday ,  Thurdsay, July 14, 2011 or the police must release him.

So we will see what happens in the next 17hrs and counting …..

 

Confirmed :

K Mais killed by a gunshot wound to the head.

http://go-jamaica.com/news/read_article.php?id=30132

The X6 case that is being setup for an acquittal.

I am beginning to get very uncomfortable here and I see a pattern that I really do not want to see emerging, stay with me on this one.

1. The “suspect” made arrangement with the police and his lawyers to return “voluntarily” to Jamaica why, I will tell you in a second.

2. You cannot do an ID parade as the taxi-man could not identify the suspect for two reasons. (a) the vehicle is dark and tinted so so no easy visual (b) this incident occurred in the dark, low visibility.

3. First report said a X5, next it said a X6 – (doubt created already – deliberately, not sure yet)

4. Black X5, then Black X6 then dark coloured X6  ( Doubt again)

5. The vehicle was said to have been repaired, this does not mean this is the vehicle that had the accident. Cops need to match paint found on the X6 against the paint from the taxi and get a match.

6. The paint match would only suggest that the vehicle (x6) and the taxi had made impact at some point in time, that in no way shape or form points to murder.

7. You must establish beyond reasonable doubt that this suspect was the person in the vehicle and was the one that fired the shot. We as yet do not know if there was only 1 person in the SUV.

8. The “bullet” fragments is missing ie it cannot be found in the victim. This is crucial to get a conviction and as such it MUST be found. (Strange). No cause of death can yet be determiner – OMG this is not good.

9. The gun from which the bullet was fired is missing.

10. So all we have is circumstantial evidence and with a top lawyer like Patrick this suspect is being setup to walk free, despite public sentiments.

Without bullet fragment, without a murder weapon, without a cause of death, there is nothing to tie the suspect to the murder except a dark coloured X5/X6.

The outcome is almost concluded and that is why the suspect has returned to the country, OMG I cannot believe we all fell for this.

The X6 Lawyer speaks !!

When a top defense attorney is heaping praise on the cops, you know that he has a solid case which will result in acquittal.  I have never before heard a lawyer say this about the cops and while I should take comfort I am getting a nauseating feeling. The ,lawyer said he is happy with the cops in

 The selective manner in which information is released – lets deconstruct this statement as it works well for the defense team.

1. First the reports said a black X5.

2. Next we hear it was a black X6

3. Next we got a dark coloured X6

There is enough doubt here as to what vehicle was involved in the accident., which is a an attorney’s dream.

Next the cops said the gun cannot be found – If you cannot find the murder weapon you are already losing the fight.

Next we hear the autopsy was INCONCLUSIVE !!, Wow so we do not know how the lad was killed as the experts cannot say.

Next we hear the bullet fragments CANNOT be located , so we not cannot be sure he died from a gunshot wound.

If cannot find gun you cannot do ballistic testing, if you cannot find bullet and even find gun(which will show up as soon as it is confirmed that bullet cannot be found) there is nothing to compare to say bullet came from this gun.

Atkinson is right, the police must be commended for the way in which they have released the information as it assures that his client will walk free and he will. Mark my word.

BREAKING NEWS @ 6pm

X6 owner son (21 yr old) charged by the police in a separate case of causing grievous bodily harm !! Huh