On April 3rd of last year boledo vendor Reynaldo Smith was cruelly beaten to death with a baseball bat after he was ambushed near Bismark nightclub during a robbery attempt. Police quickly quelled the outrage of the crime with the arrests of 25 year old Shawn Robinson, 21-year-old Ricky Valencio, and 21 year old Emilio Rivero. Well after sitting in jail for 15 months awaiting trial, this afternoon it took only a couple minutes for the three to get the news that they were free to go. 7NEWS was at the Supreme Court as another case fell apart.
Keith Swift Reporting,
Once accused of beating a man to death with a baseball bat at the Bismarck club, Shawn Robinson Emilio Rivero, and Ricky Valencio emerged from courtroom number 2 this afternoon as free men. Just one station was there as they walked out of the shackles of cuffs and into the arms of family members and friends who waited 15 months for this day. The men were met on the steps by their court appointed attorneys Sharon Pitts-Robateau and Tania Moody. Pitts-Robateau who represented Robinson says the prosecution's case fell apart before it even started.
Sharon Pitts-Robateau, Defense Attorney
"It was a case where they came to the conclusion, after consideration it appears, that there was not sufficient evidence to warrant proceeding with the case against the three accused."
"The crown counsel out of the office of the Director of Public Prosecution indicated to the court orally that at this time the crown had decided that they would be entering a nolle prosequi against the defendants meaning basically that they will not be proceeding with the case.
"We had to return to court this afternoon so that the trial Judge Mr. Gonzalez could within the court from his judge's bench discharge this three defendants. He explained to them the nature of the nolle prosequi in plain language which in effect is that at this stage for whatever reason the prosecution is not continuing the case against them and they are withdrawing the charge of murder against them. He did indicate to them that if the DPP's office or police for whatever reason find themselves in a position where they find evidence to proceed against them they will be able to bring back the case against them."
But even Pitts-Robateau concedes that is unlikely. And so this afternoon as Robinson, Rivero, and Valencio made that walk across the street as free men it seemed like a symbolic walk away from justice. Pitts-Robateau disagrees saying all three men are innocent or at least presumed to be so because they were never proven guilty.
Sharon Pitts-Robateau, Defense Attorney
"Accused people are defendants before the court and they ought to have their day in court. When a man walks down the stairs as the judge said the jury did not acquit them. But unless someone is convicted by the jury of the court of Belize I cannot consider that person anything other than a defendant before the court."
Crown Counsel Carlo Mason told 7NEWS that while it is possible for the DPP's office to re-file charges against the three, it is not his prerogative to say and when if they will refile.