Usher was charged with the murder of 25-year-old Nicasio Zuniga. That killing happened in the Martin's Area in 2016. Zuniga had just left his home for the corner store when 2 men rode up on bicycles, and one of them shot him in the head.

The cops believed that they made a solid arrest, based on a caution statement given to them by an alleged eyewitness who swore that he heard a single shot, and saw Usher and another man riding off on separate bicycles.

Senior Crown Counsel Shanice Lovell attempted to get that evidence admitted against Usher, and so, she called the witness to corroborate that statement under oath. But, he took the stand and said that he did not give it voluntarily to the police. The witness claimed that Police Commissioner Chester Williams made a deal with him to give the statement, and in exchange, he would not be charged with murder. This supposedly happened back when Williams was the commander of Eastern Division South.

Senior Counsel Lovell made an application to the court to treat the witness as hostile, but Justice Williams refused to grant it. Having no further evidence to present to the court, the senior crown counsel was forced to close her case. That's when Usher's attorney, Oscar Selgado, made a no-case submission.