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?
- Mr. Mais died from a gunshot wound to the head (we don’t know entrance/exit of the bullet).
- Mr. Mais had a bullet wound to the chest.
- The back of the taxi was shot out
- 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)
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.
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