Policeman Found Guilty
By Bianca Symonette
The Bahama Journal



A police officer involved in the shooting death of Jermaine Mackey in 2002, which sparked the Kemp Road riot, was found guilty of manslaughter in a coroner’s court on Thursday.

The verdict, handed down by a six-woman one-man jury, was split four-three.

According to court documents, on December 6, 2002, officers Zhivargo Ernes and Ricardo Neeley stopped Mackey while on St. James Road.

A witness testified during the proceedings that she saw two officers holding onto the jacket of the deceased and then two shots were fired, killing the 27-year-old.

According to several witnesses, the officers did not try to assist Mackey who lay in the road bleeding from various areas of his body.

Attorney for the officers, Kenneth Toppin, said because of the uproar that took place after the shooting, both officers were unable to attend to Murphy.

A detective also testified during the proceedings giving evidence as to why the body was in the road for hours before being carried away.

The detective told the court that officers from the Scenes of Crime Unit were unable to photograph the body right away because of the crowds of people who were throwing rocks and bottles as the police arrived.

However, Coroner William Campbell only found officer Ernes at fault for the death of Mackey. Charges against Neeley were dismissed.

The incident spurred a riot in the Kemp Road community, resulting in thousands of dollars worth of damage, including damage to several police vehicles, according to authorities.

After two years of waiting to hear an outcome in the matter, Charlene Murphy, mother of the deceased, said she was satisfied that justice had been served.

Attorney Fayne Thompson said after the verdict was handed that the outcome was great news for the family and for the country because it showed that police brutality and inhumane treatment will not be tolerated in The Bahamas.

“The jury found that the police officer is responsible for the death of Jermaine. This is what we contended all along and we feel that [this is] the right result and we feel that the only way forward is now to proceed to the Supreme Court for a swift hearing on a charge of manslaughter.”

He questioned the duration of the trial, which he said has taken a long time resulting in a delay in the family’s healing process.

“The judge did the best job that he could do, but these things take too long for families and for the process, but today we feel that accountability has come to the forefront and that the right result has occurred,” Mr. Thompson said.

The officer was granted bail until a Supreme Court hearing date is set.

Ms. Murphy, who cried tears of joy after the proceedings, said she can now begin her healing process after losing her son.

She added that her son was unarmed during the incident and for him to be shot down in cold blood in the street was a terrible injustice to her and her family.

Several of Mackey’s other family members also expressed similar sentiments.

One relative said she was glad that the whole ordeal was finally over so that the people can see that the Kemp Road community had a right to strike back in 2002.

She said that she was tired of defending Mackey, whom people often labeled a violent or dangerous person.

“Finally they can know he is innocent and the talking can stop,” she said. “Kemp Road is a peaceful community and will remain that way. The riot would have never taken place if the police had not done something wrong.”

Policeman Found Guilty
By Bianca Symonette
The Bahama Journal



A police officer involved in the shooting death of Jermaine Mackey in 2002, which sparked the Kemp Road riot, was found guilty of manslaughter in a coroner’s court on Thursday.

The verdict, handed down by a six-woman one-man jury, was split four-three.

According to court documents, on December 6, 2002, officers Zhivargo Ernes and Ricardo Neeley stopped Mackey while on St. James Road.

A witness testified during the proceedings that she saw two officers holding onto the jacket of the deceased and then two shots were fired, killing the 27-year-old.

According to several witnesses, the officers did not try to assist Mackey who lay in the road bleeding from various areas of his body.

Attorney for the officers, Kenneth Toppin, said because of the uproar that took place after the shooting, both officers were unable to attend to Murphy.

A detective also testified during the proceedings giving evidence as to why the body was in the road for hours before being carried away.

The detective told the court that officers from the Scenes of Crime Unit were unable to photograph the body right away because of the crowds of people who were throwing rocks and bottles as the police arrived.

However, Coroner William Campbell only found officer Ernes at fault for the death of Mackey. Charges against Neeley were dismissed.

The incident spurred a riot in the Kemp Road community, resulting in thousands of dollars worth of damage, including damage to several police vehicles, according to authorities.

After two years of waiting to hear an outcome in the matter, Charlene Murphy, mother of the deceased, said she was satisfied that justice had been served.

Attorney Fayne Thompson said after the verdict was handed that the outcome was great news for the family and for the country because it showed that police brutality and inhumane treatment will not be tolerated in The Bahamas.

“The jury found that the police officer is responsible for the death of Jermaine. This is what we contended all along and we feel that [this is] the right result and we feel that the only way forward is now to proceed to the Supreme Court for a swift hearing on a charge of manslaughter.”

He questioned the duration of the trial, which he said has taken a long time resulting in a delay in the family’s healing process.

“The judge did the best job that he could do, but these things take too long for families and for the process, but today we feel that accountability has come to the forefront and that the right result has occurred,” Mr. Thompson said.

The officer was granted bail until a Supreme Court hearing date is set.

Ms. Murphy, who cried tears of joy after the proceedings, said she can now begin her healing process after losing her son.

She added that her son was unarmed during the incident and for him to be shot down in cold blood in the street was a terrible injustice to her and her family.

Several of Mackey’s other family members also expressed similar sentiments.

One relative said she was glad that the whole ordeal was finally over so that the people can see that the Kemp Road community had a right to strike back in 2002.

She said that she was tired of defending Mackey, whom people often labeled a violent or dangerous person.

“Finally they can know he is innocent and the talking can stop,” she said. “Kemp Road is a peaceful community and will remain that way. The riot would have never taken place if the police had not done something wrong.”

How can someone be found guilty if the case has yet to reach the supreme court??? How can someone be given bail if the trail is over? I am confused...I am sure the wording is wrong somewhere here?!

YOU LIVE BY THE SAWED YOU DIE BY THE SAWED. THE WAGES OF SIN IS BY DEATH, THERE IS NO SIN THAT IS GREATER THAN THE OTHER. JESUS CAME AND FULFILLED THE LAWS HE DID NOT CHANGED ANY OF THEM. HE ASKED US TO HAVE NO OTHER GOD BEFORE HIM AND TO LOVE THY NIEGHBOUR AS THY SELF. ( IF YOU WAS TO DO SOME ONE SOMETHING VERY WRONG AND YOU KNOW THAT IT WOULD HURT THEM. WOULD YOU WANT SOME ONE TO DO THE SAME THING BACK TO YOU? ) THE BIBLE SAID THAT YOU CAN NOT LOVE MONEY AND GOD. YOUR LIFE HAS A PRICE ON IT AND ONLY THE LORD CAN PURCHASE IT. I KNEW THE VICTIM ( JERMAINE MACKEY :rip: ) AS WELL AS I CAN REMEMBER HIM, UP TO THE NIGHT OF THE INCIDENT WAS WHEN IT ALL CAME TO AN END. WE WERE CLOSER THAN YOU WOULD EVER BELIEVE, BUT DID HE KNOW GOD? I PRAY THAT THE :cop: KNOWS GOD CAUSE WHERE HE IS GOING IS " FOX HELL PRISON ". :)

Seems to be a lot of facts missing from this article. Since when does one mans actions make it alright for people to riot.

Quote:
,” she said. “Kemp Road is a peaceful community and will remain that way. The riot would have never taken place if the police had not done something wrong.”
[/COLOR]

It would be scary to think a jury would or public official would render a decision based on the fear of a community rioting if they disagreed. :realmad:

It would be scary to think a jury would or public official would render a decision based on the fear of a community rioting if they disagreed. :realmad:

Such things happen all the time...
It was an unfortunate incident...I hope the police gets a fair trail...and let the chips fall as they may....

When a decision has been rendered by a lower court(Magistrate's Court), one can appeal that decision to a higher court (Supreme Court). In the officer's case, an appeal was filed inthe Supreme Court, at which point he was granted bail pending the hearing at the Supreme Court.

Once the evidence is put before the supreme court the verdict will be different. :dancer:

Policeman Found Guilty
By Bianca Symonette
The Bahama Journal



A police officer involved in the shooting death of Jermaine Mackey in 2002, which sparked the Kemp Road riot, was found guilty of manslaughter in a coroner’s court on Thursday.

The verdict, handed down by a six-woman one-man jury, was split four-three.

According to court documents, on December 6, 2002, officers Zhivargo Ernes and Ricardo Neeley stopped Mackey while on St. James Road.

A witness testified during the proceedings that she saw two officers holding onto the jacket of the deceased and then two shots were fired, killing the 27-year-old.

According to several witnesses, the officers did not try to assist Mackey who lay in the road bleeding from various areas of his body.

Attorney for the officers, Kenneth Toppin, said because of the uproar that took place after the shooting, both officers were unable to attend to Murphy.

A detective also testified during the proceedings giving evidence as to why the body was in the road for hours before being carried away.

The detective told the court that officers from the Scenes of Crime Unit were unable to photograph the body right away because of the crowds of people who were throwing rocks and bottles as the police arrived.

However, Coroner William Campbell only found officer Ernes at fault for the death of Mackey. Charges against Neeley were dismissed.

The incident spurred a riot in the Kemp Road community, resulting in thousands of dollars worth of damage, including damage to several police vehicles, according to authorities.

After two years of waiting to hear an outcome in the matter, Charlene Murphy, mother of the deceased, said she was satisfied that justice had been served.

Attorney Fayne Thompson said after the verdict was handed that the outcome was great news for the family and for the country because it showed that police brutality and inhumane treatment will not be tolerated in The Bahamas.

“The jury found that the police officer is responsible for the death of Jermaine. This is what we contended all along and we feel that [this is] the right result and we feel that the only way forward is now to proceed to the Supreme Court for a swift hearing on a charge of manslaughter.”

He questioned the duration of the trial, which he said has taken a long time resulting in a delay in the family’s healing process.

“The judge did the best job that he could do, but these things take too long for families and for the process, but today we feel that accountability has come to the forefront and that the right result has occurred,” Mr. Thompson said.

The officer was granted bail until a Supreme Court hearing date is set.

Ms. Murphy, who cried tears of joy after the proceedings, said she can now begin her healing process after losing her son.

She added that her son was unarmed during the incident and for him to be shot down in cold blood in the street was a terrible injustice to her and her family.

Several of Mackey’s other family members also expressed similar sentiments.

One relative said she was glad that the whole ordeal was finally over so that the people can see that the Kemp Road community had a right to strike back in 2002.

She said that she was tired of defending Mackey, whom people often labeled a violent or dangerous person.

“Finally they can know he is innocent and the talking can stop,” she said. “Kemp Road is a peaceful community and will remain that way. The riot would have never taken place if the police had not done something wrong.”
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Let us not forget that the issue is not whether the riot can be justified or not but whether the police officer acted outside of the law. So far a duly appointed court has said that officer has been found guilty of manslaughter. The verdict to date has vindicated the family and the community of Saint James road that, Jermaine ‘Jams’ Mackey was unlawfully shot to death. For those who don’t like the verdict they will simply have to eat humble Pie until the Supreme Court hearings. I have no doubt on the evidence given in the coroner’s court, that the verdict will be upheld.

None the less this does not justify rioting and public chaos. These low lifes constantly look for reasons for public disruptions and more often than not they justify it based on inaccurate facts and misrepresentation of the facts. When dirt bags break the law which most of our rioters do an a daily bases the law abiding citizens do not use this for an excuses to cause public chaos and and justify why they have not succeeded in life. We must have a system and have faith in that system. No system if perfect. Most of the people rioting do not have anything to loose anyway because they choose not to do anything with their life but live for the opportunity to blame it on something like this.

If the officers did wrong than they should be punished. They are human also.

While everyone is jumping up and down, claiming that the officer in question acting unjustifiably.......lets remember the facts here ......the officer stated that he did see a gun which was the reason for his actions .....what if......there was a gun or had that officer been shot........think about the officers who were killed in the line of duty.....no public out cry......If I were a police officer I too might have taken the same course of action, because I whould rather be tried by twelve than to be carried by six because of my second guessing.......for what I understand is that the deceased may have had a long history of questionable behaviour.......if he wasn't up to something suspicous why did he have to run from the police? :confused: think about it.We sometimes quick to condem the good hard working officers who is out there from their families watching over us while we sleep comfortably at night, am some what curious as why a family who never checks for a love one suddenly become concern because of a tragic incident :raw: is it because of greed :confused: while i symphatize with them....so lets be mindful of our comments while the law takes it's course JUDGE NOT FOR YOU ALSO MAYBE JUDGE :cop:

I could not agree with you more! :tup: