Charford Court man sentenced to death for 2009 Oxford Street murder

A CHARFORD Court man has been convicted of the 2009 murder of Michael “Boy Boy” Mader in Port of Spain.

Shirvan Toussaint, known by the aliases “Tallman” and “Buddies,” was sentenced to death on November 11, after he was found guilty by Justice Lisa Ramsumair-Hinds.

Ramsumair-Hinds returned her verdict on the case, finding Toussaint guilty of murder and multiple firearms charges, while acquitting him on attempted murder and intent-to-harm charges related to another victim.

Toussaint chose a judge-only trial, allowing for a verdict solely determined by the presiding judge. The trial began in September.

Prosecutors led evidence from 21 witnesses, seven of whom gave evidence in person, including key eyewitness Sparkle Williams.

Williams said she was walking with Mader on Oxford Street on September 28, 2009, after visiting her sister in the hospital.

A verbal confrontation between Mader and the man, identified by Williams as Toussaint, escalated into a violent struggle, culminating in Mader’s fatal shooting.

Williams said she knew Toussaint from the Charford Court area.

She said from Oxford Street, she and Mader, who was the father of her sister’s child, entered the alley between the panyard and the river when Toussaint called out to Mader, saying, “Boy Boy, allyuh kill Ron.”

Williams said Mader replied, “Buddies wah you talkin’ bout?” Williams testified that she saw Toussaint draw a gun and that Mader attempted to disarm him.

After a brief struggle, shots were fired, fatally injuring Mader. As Williams watched, Toussaint shot Mader a second time as he lay on the ground, then allegedly pointed the firearm at her and fired again. Williams was unharmed and fled to Harpe Place to inform Mader’s family.

In her verdict, 103 pages long, Ramsumair-Hinds said from the evidence she was satisfied beyond reasonable doubt Toussaint shot Mader with the intention to kill him. In deciding the case, Ramsumair-Hinds said she assessed the evidence, particularly the credibility of Williams’ eyewitness testimony, which was deemed reliable despite the defense's arguments about potential weaknesses in her identification of Toussaint.

“There are competing inferences which can be drawn about the intention of the accused at the time of that first shot. However, there is only one logical and reasonable inference about the intention of the accused at the time of the second shot.

“I believe beyond reasonable doubt that when Sparkle raised up her head, she saw the accused standing over Boy Boy who was then lying flat on his back on the ground.

“He pointed the gun at Boy Boy and I believe beyond reasonable doubt that Sparkle Williams saw him fire another shot at Boy Boy. At the point in time he did so, the only logical inference is that he intended to kill Boy Boy or cause him grievous bodily harm and I so find.”

In assessing Williams’ evidence, the judge said while there were inconsistencies, those did not detract from her overall credibility. Ramsumair-Hinds also highlighted weaknesses in the identification evidence but ultimately determined that the evidence was strong enough to find Toussaint guilty.

However, the judge was not convinced Toussaint attempted to kill Williams or intended to harm her.

“I am sure that Sparkle Williams is an honest and credible witness, and I believe her beyond reasonable doubt when she said that the accused pointed the firearm at her…However, I am not sure that she was actually shot at.”

Toussaint did not testify at the trial. However, his attorneys argued that Williams’ identification of Toussaint as the shooter was erroneous and suggested that her account may have been influenced by third parties. His defence was based on denial, mistaken identity and fabrication.

Lead defence attorney Mario Merritt asserted throughout the trial that Toussaint was mistaken for someone else and questioned Williams’ credibility, pointing out that she had received information about Toussaint’s name and whereabouts from relatives before her police statement.

Toussaint was arrested on October 3, 2009, at Piarco International Airport while attempting to board a flight to the United States with his mother.

Williams provided the police with Toussaint's flight details. The defence further argued that Toussaint only had the alias “Tallman,” not “Buddies,” and Williams was influenced by relatives to accuse him of Mader’s murder.

There was also a suggestion Williams was directed to fabricate evidence against Toussaint by identifying him as Mader’s shooter.

At the trial, she had been questioned about her brother, Aikido “Sunday” Williams, and his alleged involvement in gang activity. She was also questioned about “Fresh,” and maintained she was never in a relationship with him.

It was also suggested that she called Toussaint’s name to “swear (him) away.” She denied this, insisting she was speaking the truth when she identified him as the shooter.

“When Buddies get charge, he call from jail saying he has a piece of paper with my name on it saying I ‘swear him’ away…When I point he out, he wanted to point out other people for murder because I point he out.”

She explained that to "swear away” is to give a false statement against somebody. However, she maintained, “He is not innocent. He know what he did. “I am telling you, Buddies kill Boy Boy. “I saw him as clear as day.”

In her verdict, Ramsumair-Hinds also said there was no credible evidence to find any connection between Mader’s killing and gang activity.

Prosecutors Charmaine Samuel and Guliana Guy represented the State while Danielle Rampersad and Randall Raphael also represented Toussaint.