Judge gives reasons for not allowing murder case to go to trial
A judge on Friday gave his reasons for not allowing a murder case to go to trial.
Senior Justice Jon Isaacs refused a prosecution’s application to introduce statements attributed to the deceased Jimmy Nonorme.
Police charged Solomon Mortimer with the murder of Nonorme, who died several months after he was shot near the Corner Motel on November 7, 2008.
Mortimer allegedly told three people-Sherry Nonorme, Lucien Preval and DC 2735 Miller-that “Sollie” shot him. He allegedly told Sherry Nonorme, “Sollie shoot me. Please go find officer Miller so I could tell him what happen cause I feel like I ain’t gan make it.”
Police did not investigate Nonorme’s alleged statement until his death. Mortimer’s lawyer, Dion Smith, said it was possible that the alleged statements were concocted.
Justice Isaacs ruled, “In light of the characteristics of a dying declaration, I hold the view that the statement attributed to the deceased does not rise to the threshold of satisfying the requirement to be so considered. The statement, ‘I don’t think I am going to make it’ is different in import to a definitive declaration such as, ‘I am not going to make it’ or ‘This is it’. “He continued,” Such an expectation must be demonstrated for the statement to qualify as a dying declaration. I do not think I am being pedantic when I insist on the hopelessness being apparent from the terms employed.”
Justice Isaacs noted that there was evidence to suggest bad blood between Nonorme and Mortimer, who thought Nonorme was responsible for the death of his friend Reno Burrows.
He said there was no evidence related to the seriousness of Nonorme’s injuries when he made the statement to Sherry Nonorme, but he was able to recover sufficiently to leave the hospital and go home.
Justice Isaacs also observed that there was no other evidence implicating the defendant in the murder.