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Man testifies he heard police shout ‘stay down’ before shots fired

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

A MAN said he heard police officers shout “stay down” before gunshots rang out in his Cowpen Road neighbourhood in 2018.

Superintendent Jamal Evans of the Central Detective Unit read the witness statement of Johnathon Nesbitt, Jr, in the Coroner’s Court yesterday as the inquest continued into the police-involved killings of Roy Stubbs and Ernest Forest.

Officers claim the men drew weapons on them around 2pm on January 23, 2018, prompting them to open fire near a green coloured Honda Accord.

Supt Evans said he and Corporal Seymour interviewed Johnathon Nesbitt, Sr, and his son about an hour after the killing of Stubbs and Forest.

He said Mr Nesbitt, Jr, said he heard officers shout “stop, stop police” outside his house before hearing a car speed off. He said he heard the command given again before the eruption of gunfire that lasted about a minute. He said he heard an officer say, “stay down, stay down” before another round of gunfire rang out.

Mr Nesbitt, Jr, went outside and saw two men on the ground near a Honda and a white Ford Explorer behind that vehicle.

Supt Evans said John Nesbitt, Sr, told officers he heard cars squealing in the area towards his house on the day of the shooting.

Mr Nesbitt, Sr, told CPL Seymour he saw two police officers with machine guns who told him not to come on the road. Other officers began arriving on the scene minutes later.

Although Mr Nesbitt, Sr, said he saw the deceased on the pavement, he told officers he did not see the shooting.

Yesterday, Assistant Superintendent of Police Gardell Rolle read the reports of three crime scene officers into evidence.

ASP Rolle said Sergeant Esther Miller went to Western Road and Leabert Close near Cowpen Road after the shooting.

Sgt Miller reportedly observed Forest with his face down in a pool of blood and his hindquarters raised in the air near the front passenger door of the green Honda. A black Ruger 9mm pistol was allegedly found on the inside of the vehicle on the passenger side.

ASP Rolle read that Sgt Miller saw Stubbs laying face up near the driver’s side of the same vehicle in a white shirt pulled shortly above his chest and a monitoring device on his leg. A silver and black Smith & Wesson .38 special revolver was allegedly found near the body in the bushes.

Bullet casings were reportedly scattered across the street, and a white unmarked Ford Explorer police vehicle was behind the car of the deceased.

ASP Rolle said Sgt Miller photographed the scene. He displayed the officer’s photos for the five-person jury.

ASP Rolle said Detective Sergeant James Colebrooke collected 16 9mm bullet casings and two .223 bullet casings strewn across the crime scene.

He also said Sgt Colebrooke collected the two weapons that allegedly belonged to the deceased and swabbed the handle and trigger of them for analysis. He said two fired .38 bullet casings were recovered from the scene.

The day after the shooting, Sgt Colebrooke submitted his evidence to the forensic lab for analysis.

ASP Rolle said Corporal 2179 Stubbs’ report indicated that on January 30, 2018, he went to the morgue and spoke to Dr Caryn Sands about the incident.

While at the morgue, CPL Stubbs observed and photographed the bodies of the deceased, which had numerous wounds.

K Melvin Munroe represents the two officers in this matter.

Angelo Whitfield is marshalling the evidence.

ASP Rolle said Corporal 2179 Stubbs’ report indicated that on January 30, 2018, he went to the morgue and spoke to Dr Caryn Sands about the incident.

While at the morgue, CPL Stubbs observed and photographed the bodies of the deceased, which had numerous wounds.

K Melvin Munroe represents the two officers in this matter.

Angelo Whitfield is marshalling the evidence.

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