The Tribune

By PAVEL BAILEY


Tribune Staff Reporter


pbailey@tribunemedia.net

CLASHING closing addresses were made in the firearm trial of two men, with prosecutors arguing that the pair pointed a gun at police and the defence claiming officers shot at the unarmed men in Garden Hills in 2018 for no reason.

Dominic Stuart, 32, and Antonio Neely, 32, stood before Justice Neil Braithwaite as their trial on charges of possession of an unlicensed firearm, possession of ammunition and possession of a firearm with intent to endanger life continued.

It is alleged that the pair, armed with a handgun, endangered the life of Police Constable Caudray Deal on the night of May 15, 2018.

Jairim Mangra, a defence attorney, maintained in his closing address that the defendants were innocent.

Mr Mangra claimed police fabricated evidence, including by planting a gun in the accused’s vehicle, and that officers had no justifiable reason to fire at the accused.

Conversely, prosecutors Vashti Bridgewater and Kristin Butler-Beneby argued that the defence wanted the jury to believe police staged the incident. They claimed that theory collapsed under its own weight.

They also questioned what evidence supported fabrication beyond speculation. They said officers maintained their account of that night’s events under scrutiny.

They argued that the absence of DNA evidence was not proof of innocence and submitted that they had proved their case to the required standard.

The prosecution said Police Constable Deal and Sergeant Deandra Forbes were on mobile patrol that night when they were informed of an incident on Soldier Road. The officers intercepted the suspects five minutes later.

Prosecutors questioned why officers would have had an extra gun, a ski mask and a grassy substance in foil to place in the accused’s vehicle. These items were later recovered from the accused’s red Kia Sportage.

The prosecution said Sergeant Forbes had to manoeuvre the police vehicle to prevent the suspects from evading police at a high rate of speed.

Prosecutors said officers had a clear view inside the vehicle because the area was well lit. They submitted that police saw Neely wearing a black ski mask and hoodie in the passenger seat.

The suspects reportedly failed to comply with the officers’ orders and were seen speaking to each other in the vehicle.

The prosecution claimed Neely took off the mask, pulled a gun from his right side and aimed it at PC Deal. This resulted in Sergeant Forbes firing twice at the accused because she feared for her partner’s life.

PC Deal testified that he fired three shots at Neely after Neely pointed a gun at him.

After the shooting, PC Deal said Neely was assisted by EMS. A later search of the vehicle resulted in the recovery of a weapon.

While the prosecution said Sergeant Forbes admitted moving the ski mask to the front of the vehicle, she accepted that this was wrong given the knowledge she now has as a CSI officer.

The prosecution said PC Deal told the court the suspects attempted to reverse when he approached. He also said Neely threw the gun to the back of the vehicle after he was shot.

The prosecution said the officers were not being trigger-happy, but professional, as they stopped firing when there was no need to continue.

While acknowledging that the investigator was not at the scene that night, prosecutors said the accused never claimed during the initial investigation that they were being framed.

The prosecution said Stuart knew his passenger had a ski mask and a gun.

The jury is expected to return its verdict later today.

Cassie Bethel also represented the accused.