Back in February of this year, it made big news when Cayo cops busted a Guatemalan national, and 2 Belizeans with a pair of AK 47 rifles in Benque Viejo Town. It should have been a strong case that police had to make against all 3 accused, but this week, they fumbled it, and now all accused have been acquitted.
As we reported, on Sunday, February 10th, police received reports that 3 men in a vehicle were disturbing the peace at a nightclub in that western town. Police responded, and searched a black Range Rover SUV with Guatemalan plates. Inside, the cops found 34-year-old Belizean Edgar Giovanni De La O, a 17-year-old Belizean minor, and 26-year-old Guatemalan Jorge Luis Reyes Villeda.
The cops detained the trio, and when they searched the fancy ride, they found two assault rifles: an AK-47, and a 5.56 mini Galil Weapon.
Both of the adults were arrested and charged with keeping prohibited firearms and ammunition.
After several months, the case finally reached the trial phase this week. Police had the guns, and willing police officers to testify to the discovery. However, when it came time for the prosecutor to produce those weapons to be tendered into evidence against the accused, that's where they failed. We are told that the prosecution did try, but those items were not entered into evidence by the sitting Magistrate.
So legally, since there are no guns, there is no case to prove against the defendants, and that's exactly what their attorney, Hurl Hamilton, focused on. He made a no-case submission; the magistrate upheld it and acquitted the men.
That's supposed to be where law enforcement concedes defeat, but it appears that there is an intention by police to reinstitute these charges. The Guatemalan defendant was taken back into custody, and the word reaching their attorney is that they will reintroduce the charges against him. He told our colleagues from Plus TV that the cops aren't allowed to get a second bite at the cherry like that:
Hurl Hamilton - Attorney for the Defense
"After several months, the case was ongoing. The case concluded today, and the Magistrate found all 3 of the defendants not guilty. The Guatemalan, Mr. Jorge Villeda, Edgar De La Oh, and a minor."
"The prosecution called 4 witnesses, and for whatever reason, those witnesses were unable to get any firearm they alleged was involved in the incident into evidence. So, there was no firearm, no ammunition into evidence, and at the close of the prosecution's case, I submitted a no-case submission. The senior magistrate agreed with my submission, and the senior magistrate found all 3 defendants not guilty."
"Unfortunately, the Guatemalan was stepping out of court, and for some reason or the other, the police decided to re-arrest him. The other 2 Belizeans, they are out. The Guatemalan is detained at Benque Viejo Police Station, and from what I was told, the police is contemplating to re-institute the very same charges that the senior magistrate found them not guilty of."
"It's very unfortunate, and I am very surprised if indeed the police department would go through with such action because, respectfully, if the department is dissatisfied with the decision of the senior magistrate, there is an appeal process. There is an appellate process. This is the first time that I'm hearing that the very same charges, or at the very least, they're threatening to institute the very same charges that the senior magistrate found all three defendants not guilty of. If those charges were to be re-instituted - of course, we're going to challenge that. But if they were to be re-instituted, it would be an abuse of the process. It is unlawful. The Guatemalan is unlawfully detained as we speak, and that would give the prosecution a second bite at the cherry to fill in whatever gaps, in their view, they thought was lacking in the previous case. They would be given a second opportunity. It's an abuse of the process of the court. So, I would hope that greater sense would prevail and that the department uses another route to perhaps ventilate their dissatisfaction with the matter."
Late news is that the Guatemalan, Jorge Luis Reyes Villeda has been released.
We'll keep following up to see how this one plays out.
