Man acquitted of murder on Appeal
A man jailed for murder has been set free on appeal almost four years after his conviction.
Mario Whymms was convicted of the March 8, 2014 murder of James Cordero Farrington, also known as “Suckie”, who was riding a bicycle on Milton Street.
The prosecution’s case was that Whymms’ co-accused, Deangelo Johnson, was waiting through a short cut on Milton Street armed with a handgun when Farrington rode past on his bicycle.
Johnson allegedly fired at Farrington and Whymms, who was also armed, allegedly shot Farrington as he languished on the ground.
Another witness, Edwin Damas, said that he lent the deceased his bike and saw three men chasing him after hearing gunshots.
The Court of Appeal determined that there was insufficient evidence for the jury to conclude that Whymms played a role in the murder.
The court said, “It is significant that in the present case the evidence is that three men were seen chasing after the deceased. If those three men were then seen running away after the shooting it could be inferred that they shared a common intention. The difficulty is that it has not been established that the same men seen running away from the shooting were the same men seen running after the deceased.
“Damas could not identify any of the three men he saw running behind the deceased, nor did he say that he saw where they went after the shooting. He said he did not see the faces of the three men and could not say what type of clothing the men were wearing. Bethel saw four men and purported to identify two of them but it cannot be said conclusively on the evidence that the three men seen by Damas were among the four seen by Bethel.”
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