Fabian Bain, also known as Carlos Escalante, was convicted of manslaughter this evening after a jury of twelve deliberated for over four hours on his fate. Bain was accused of the November 23, 2006 murder of Fortunto Chun, a security officer of Belize Water Services Limited. Crown Counsel Sheneiza Smith of the DPP's office prosecuted the case and called several witnesses to the stand including Kenrick Reneau, who was along with the accused at the time of Chun's death.
Reneau, who turned crown witness, had to be treated as a hostile witness, when he took the stand because he forgot what he had told police about that day.
In his statement to police, he told them that they had planned the attack on Chun in order to steal his service issued firearm. After the Crown presented its case, Bain, who was represented by Attorney Ernest Staine, took the stand and testified that he was nowhere around BWS when the shooting occurred and he had no knowledge of it.
But after hearing all the evidence, the jury returned late this evening with a unanimous not guilty verdict for murder, but guilty for the lesser charge of manslaughter.
Bain opted to bypass a mitigation plea and asked Justice Troadio Gonzalez to sentence him immediately. After a few moments, Justice Gonzalez handed him a 20 year sentence because there were only aggravating factors against him, and no mitigation.
