Gang charges dropped after State misses deadlines

GANG charges against two men have been dismissed after the State failed to meet court-ordered deadlines.

All criminal charges against Theron Agard and Marcus Harvey were dismissed by Master Delicia Bethelmy on July 4. They were facing charges under the Anti-Gang Act, including conspiracy to rob and being a gang leader.

But during a sufficiency hearing, Master Bethelmy ruled that the State had not filed the required evidence and indictment on time, despite being granted an earlier extension, April, with a new deadline of May 5.

At the hearing, State attorney Kern Young asked for more time to submit key witness statements. However, the court noted that the same six statements were still missing, months after the State was first ordered to produce them.

Attorney Yves Jacques Nicholson, who represented Agard, argued that the delays were unacceptable and that the case relied too heavily on a mobile phone allegedly found in Agard’s prison cell. A forensic review of the phone showed no data, yet prosecutors continued to treat it as critical evidence.

Nicholson said, “It is unsatisfactory for the State to build a case around a phone with no data. There’s simply no solid evidence.” He called for the dismissal of the case.

Marcus Harvey’s lawyer, Shuzvon Ramdass of the Public Defender’s Office, supported the call for the case to be dismissed.

Master Bethelmy agreed, saying the State did not follow Rule 5.9 of the 2023 Criminal Procedure Rules, which allows courts to drop a case when deadlines are ignored. She ordered both men released.

Nicholson welcomed the ruling, saying, "While the allegations were undoubtedly serious, the fundamental principles of due process require that cases be prosecuted efficiently and fairly.

“The State’s persistent delays and lack of evidence made it clear that justice could only be served by ending these proceedings.

“Due process matters. The court’s decision affirms the importance of fair and timely justice.”

Harvey had been held in jail awaiting trial. He is now expected to be released immediately.

In a release in August 2024, police claimed Agard and Harvey were plotting a robbery from inside and outside of prison. A release claimed “police struck a major blow against crime in Tobago, as suspects, who are incarcerated prisoners, were charged under the Anti-Gang Act, following intensified operations and intelligence-led exercises.

“This marks a powerful step forward to curb the recent uptick in criminal activity on the sister isle.”