Magistrate recusal requested in Dwight Major trial
The trial of convicted drug trafficker Dwight Major was unexpectedly delayed on Wednesday after his lawyer asked the magistrate to step down from the case.
Ian Cargill cited the tenuous connection between the girlfriend of Major’s son, R’avon, who is not part of the case, and the daughter of Magistrate Samuel McKinney as the basis for the recusal application.
Cargill said that Major believed that the alleged friendship presented a conflict that should require the case to be heard by another magistrate.
However, none of the people named by Cargill are before the court.
McKinney will give his ruling on the application on Monday.
Cargill made the application hours after the trial was scheduled to resume at 2 p.m. The magistrate was waiting for Cargill who had cases in other courts.
During the wait, Major’s wife, Keva, who is also a convicted drug trafficker, got into an argument with a police officer who told her to turn off her cell phone.
She complained that she was being singled out since other people were on their phones as well.
A severely overweight Major, who told the magistrate he has heart disease, fell asleep and started snoring loudly before his lawyer came to court.
Major and Romell Rolle were arrested in April after police found 298 pounds of marijuana after searching the Nissan March they were travelling in.
They were arraigned on April 5 and the trial was set for June 11.
The trial did not begin on that date, however, as Major presented a sick slip.
The case was adjourned to July and this time Rolle reported sick.
That’s when McKinney severed the case and proceeded against Major alone. The prosecution only heard one witness, though, as Cargill claimed that he wasn’t feeling well.
The matter was supposed to continue yesterday.