The Tribune

By LAMECH JOHNSON Tribune Staff Reporter ljohnson@tribunemedia.net A POLICE detective who investigated a 2010 shooting death admitted he did not put the accused killer's confession on the detention record the evening it was made. Sgt 1406 Dwight Davis made the admission yesterday afternoon in Supreme Court during cross-examination in the murder trial of 26-year-old Kevano Musgrove. Musgrove, of Halsmere Road, Highbury Park, is charged with the February 25, 2010 murder of David Bowleg Jr. Bowleg, 34, was found shot to death in the back seat of a Honda Accord in the area of Holiday Drive, South Beach. In yesterday's proceedings, Sgt Davis recounted his investigation of the matter from the day of the killing to his second interview with Musgrove, which took place the evening of March 7. Musgrove had been arrested the previous day in connection with the killing. He was cautioned at the Central Detective Unit and it was put to him that he, along with others, caused the death of David Bowleg Jr. "Musgrove offered no comment," the officer told prosecutor Roger Thompson. The next evening, March 7, he was going to be taken back to the Grove Police Station. The accused asked to speak with the detective alone, to come clean and "do the right thing," Sgt Davis said. Musgrove admitted to killing the victim, according to the officer, but said: "I thought he was coming to kill me first so I kill him." A statement was taken from the suspect at CDU Headquarters. The following scenario was recounted to Sgt Davis by Musgrove, according to the officer. Musgrove said he was at his home when a car had pulled up. He heard that a hit had been put out on him by another man known as "Guy Stubbs". He said the contract on his head resulted from his having shot "Fish", an associate of Bowleg and Guy. He waited inside the house and watched Bowleg from the window as he walked around to the kitchen door. Musgrove pulled out a 9mm handgun and waited in the hallway as Bowleg came inside. He pointed the gun in Bowleg's direction and fired a shot, hitting the intruder in the abdomen. Musgrove ran to Bowleg's side, pointed the gun at him again and asked where Guy Stubbs and Fish were. Bowleg asked to be taken to hospital. Musgrove duck-taped the injured man's ankles and eventually gave in to his request. However, Musgrove reconsidered, believing that Bowleg would report back to those who put the hit out on him. "He decided he was going to kill David and fired another shot in the back of the car. He contacted his brother Jerad Holmes and asked him to collect him from Holiday Drive," the officer told the court. After this, "he called his mother and told her what he had done," he said. Sgt Davis told the jury he handed the statement to the accused to read over. After giving the statement, Musgrove was taken to the scene and asked where he put the gun, but he did not want to say, the officer said. Although defence attorney Murrio Ducille argued against the statement being read in court, Justice Indra Charles overruled his objection and the officer read the statement. During cross-examination, Mr Ducille asked the detective if there was mention of Musgrove giving a confession on the police detention record that evening. Looking at the document on the witness stand, the officer said there was no such entry. "I could say there was an oversight on my part," he admitted. "That's a serious oversight," Mr Ducille replied. The attorney also suggested that the detective and other officers beat his client and forced him to sign the statement. The sergeant denied this. Mr Ducille also told the officer the statement and his testimony about what Musgrove reportedly told him did not match. He asked the officer if the investigation produced forensic evidence suggesting that there was blood on the washer and dryer at Musgrove's home. "No, sir," he said. Mary Chin Neely, 55, also gave evidence yesterday. She had initially been charged with being an accessory after the fact. However, the charges were dropped against her. She had given police a signed statement saying her son confessed to her over the phone that he killed David Bowleg. However, when the statement was brought up, she denied receiving a call from her son and said the statement she had given to police was not the one presented in court. During cross-examination, she admitted that she was arrested on two occasions by police and felt intimidated throughout the ordeal. She said she signed the statement because police told her she would be released if she did. The trial resumes today at 10am.