His nickname is “Robbery” but today 23 year old Kareem Lopez walked free from a murder charge because the prosecution failed to establish that the man he allegedly killed is dead.
Lopez was charged for the murder of Mark
Gardiner who was gunned down in broad daylight on the morning of October 5th 2006 while riding his bicycle on East Canal. Witnesses say a gunman on a bike rode up on a bike and shot Gardiner in the back of the head. He died twelve hours later at the KHMH. The case went to trial and yesterday when the prosecution closed its case, Lopez’s attorney Hubert Elrington submitted to Justice Michelle Arana that his client had no case to answer because the evidence of identification was weak
The first eyewitness Gilbert Olivera couldn’t testify because he was murdered last year. The second eyewitness Nicanor Fermin who had identified Kareem Lopez in an ID parade three days after the shooting – told the court he couldn’t say if Kareem Lopez was the man he saw shoot and kill Mark Gardiner. Elrington further submitted that there was no evidence that Mark Gardiner is dead. That is because Mark’s brother Richard Gardiner who identified the body at the morgue – didn’t show up to testify.
This morning Justice Arana agreed with Elrington on the second submission and instructed the jury to acquit Kareem Lopez. Kareem Lopez was also represented by legal aid attorney Phillip Palacio.
