Jervis Diamond Valencia, the 38-year-old reputed street figure from
Mayflower Street in Belize City, has been acquitted of murder for the
second time. Justice Colin Williams found him not guilty today of the
March 2015 gun murder of 36-year-old Moses Gonguez.
On the night of municipal elections, March 4th, 2015, Gonguez was shot
and killed on Mayflower Street, in the infamous neighbourhood known as
Ghost Town. At around 9:30 p.m., while the votes were still being
tallied, cops had to respond and stand guard over the embattled
neighbourhood. Gonguez was gunned down, and the cops say that Valencia,
his assailant, was trying to flee the scene. So, they set chase, and
according to the responding police officers, he pulled out a gun and
took aim at them when they ordered him to stop. So, they fired in
self-defence and shot him in the neck and chest.
He survived those injuries, and since March 15, 2015, he was placed on
remand at the Belize Central Prison, until he received one of those
rare bails for the capital offense in August 2018.
The biggest challenge in the prosecution of the murder charge against
Valencia was the chain of custody evidence for the murder weapon, which
the cops said that Valencia was armed with. Also, the prosecution's
main witness recanted his written statement to police, which had
identified Valencia as the gunman who killed Gonguez.
Senior Crown Counsel Shanice Lovell called a series of witnesses in an
attempt to prove her case against Valencia. But, the main witness
became hostile on the witness stand and refused to cooperate. Back in
2015, when the cops were investigating the crime, he gave them a
written statement that prior to Gonguez's fatal shooting, he saw
Valencia in a yard with a gun. He also identified Valencia as the
shooter.
But, when he took the stand, he recanted and told the court that he saw
nothing. He said that he was inside a room at the time of the shooting.
The cops say that Valencia was caught with a gun that matched the
expended shells found at the crime scene of Gonguez's murder. But, when
that evidence was tested in the trial without a jury, the judge found
discrepancies with the chain of custody surrounding these pieces of
evidence.
After consideration of a no-case submission that Valencia's attorney,
Ellis Arnold, made on his behalf, Justice Colin Williams acquitted him
and set him free.