THREE men who were accused of a drive-by murder in La Romaine in 2017 have been discharged by a San Fernando magistrate, who upheld no-case submissions by their attorneys.
On Thursday, acting deputy Chief Magistrate Jo-Anne Connor freed Keenan Boyce, Andre Floyd and Hilster “Chubby” Byer, who were before the court charged with the murder of Kimroy Marshall on June 12, 2017, after four years on remand.
Marshall was killed in a drive-by shooting along Phyllis Street, La Romain.
It was the State’s case that on the day in question, Boyce was seen driving a silver Mitsubishi Lancer car with Floyd seated in the front passenger seat and Byer in the back seat.
Floyd, the State contended, pointed an object resembling a gun out of the front passenger window in the direction of where Marshall and others were gathered. A series of gunshots were fired at the group by the occupants of the car.
Marshall and another man, Devon Ross, were both shot. Marshall eventually died from his injuries.
Boyce’s attorney Israel Khan, SC, argued there was no evidence to suggest his client had any role to play in the killing. He said there was a gap in the prosecution’s case and there was not a “scintilla of evidence’ pointing to Boyce as the driver of the car used in the killing.
Floyd’s attorney, John Heath, said the State’s evidence was discredited during cross-examination and was so manifestly unreliable that no jury that was properly directed in law could safely convict his client at trial.
Heath’s submissions were adopted by attorneys appearing on behalf of Byer.
The State rejected the no-case submissions, but the magistrate agreed there was insufficient evidence to have the men face trial at the High Court.
The State was represented by attorney Kimberly Gunness. Also representing the men were attorneys Harrynarine Singh and Davina Inalsingh,