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No Witness, Man Gets Off Murder
posted (November 7, 2019)

And, in court news.

Another accused murderer was acquitted in the Supreme Court today because the main prosecution witness refused to cooperate. This time, the main witness didn't even show up to court, and police couldn't find him in time for the trial.

The accused in this instance was 30-year-old Ervin Fitzgibbon, charged with the murder of Keimar Nicholas, who was also known as "Bwee (Bee Wee). Sometime after 8:00 on January 23rd, 2017, Nicholas was playing basketball on a court that is actually a part of his family's yard on Lindo's Alley. He was enjoying a game with 2 friends when an unknown man rode up on a bicycle, fired several shots at the group and sped off. Nicholas was injured in the neck, and he was rushed to the KHMH in time for the doctors to treat his wound and stabilize him. Unfortunately, he suffered complications while undergoing medical treatment, and he passed away 11 days later. 

Police charged Fitzgibbon with murder on the strength of a caution statement from an alleged eyewitness. This person gave the cops a detailed account of the incident. He said that he was on the court that day, and saw when a man, who he identified as Fitzgibbon, approached them. This man then pulled out a black firearm, pointed it at Nicholas's face and fired a single shot.

This witness would have corroborated the testimony of a police officer who testified in the trial without a jury before Justice Colin Williams. This officer told the court that he saw Fitzgibbon, riding a bicycle out of Lindo's Alley shortly after the shooting. But, this key witness could not be located to testify in the trial, despite the best efforts of the crown and the police. So, Senior Crown Counsel Shanice Lovell was forced to close her case.

That's when Fitzgibbon's attorney, Simeon Sampson, made a no-case submission on his behalf, and after consideration Justice Williams upheld it. He then acquitted Fitzgibbon, who couldn't leave just yet because he is still facing a charge for keeping an unlicensed firearm. 

As we already told you, there was an officer who testified that he spotted a man riding out of Lindo's Alley right after the shooting. That man, who the officer identified Fitzgibbon, sped off, and according to the officer, he pursued the man into a yard. He said that this man threw away red cloth in the yard. When the cops went back to the area, they found a gun, which was under a mat, on the verandah of a house. The cops believe that this was the weapon that was used to kill Keimar Nicholas.

So, since that charge is still pending against Fitzgibbon, the judge then granted him bail of $10,000.

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