By PAVEL BAILEY
Tribune Staff Reporter
pbailey@tribunemedia.net
THE prosecution and defence gave sharply conflicting accounts of the night two men were shot and arrested by police, with officers alleging one of the accused pointed a gun at them, while the defence claims the weapon was planted to justify the shooting.
Dominic Stuart, 32, and Antonio Neely, 32, appeared before Justice Neil Braithwaite as their trial continued for possession of firearm, possession of ammunition and possession of firearm with intent to endanger life.
Prosecutors allege the men, armed with a handgun, robbed Travis Johnson of $80 on May 15, 2018. They are also accused of attempting to cause his death on the same date.
Sergeant Deandra Forbes testified that she and Police Constable Deal responded to information and went to Newman Avenue in Garden Hills that night.
She said she saw a red Kia Sportage approach at a high rate of speed and identified Stuart as the driver, with a masked passenger.
After the vehicle stopped, Sgt Forbes said she saw Neely draw a weapon from his right side and point it at PC Deal, prompting her to fire.
She said the firearm was later recovered from the floor of the vehicle after the men were arrested.
Defence attorney Jairam Mangra suggested that Stuart exited the vehicle with his hands raised and was unarmed.
He also suggested police fabricated the firearm evidence and that Sgt Forbes placed the weapon at the scene. She denied those claims, maintaining that she fired after seeing Neely draw a gun.
Sgt Forbes rejected a suggestion that officers were “trigger happy”, saying she feared for her life.
Mr Mangra questioned how she was able to see events clearly from about 15 feet away. Sgt Forbes said streetlights were on and both vehicles had their headlights illuminated. Photographs shown in court indicated the Kia Sportage did not have tinted windows.
Another defence attorney, Cassie Bethel, suggested there was no gun in the vehicle and that Neely never had a weapon. Sgt Forbes described those claims as false.
Sgt Forbes said she could not recall whether she or her partner turned in their firearms after the shooting but agreed it was standard protocol to do so.
Ms Bethel also suggested there was no reason to shoot Neely and that the firearm was introduced after the fact. Sgt Forbes denied that.
She also rejected a claim that the vehicle was still moving when officers approached, saying it had already been parked at the side of the road.
During Neely’s arraignment on May 22, 2018, his attorney said he had been shot by police and had a bullet lodged in his right arm.
Vashti Bridgewater and Kristin Butler-Beneby are prosecuting the case.
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