Jackson and Soto found guilty of manslaughter
(CNS): Justin Kyle Jackson (24) and Eric William Soto (23) have been convicted of manslaughter and the possession of an unlicensed firearm in relation to a robbery gone wrong last summer in which Harry Elliott (63) was shot and killed. The six women and six men of the jury in this trial began deliberations after 11:00am Wednesday and returned the verdicts at around 11:45 am Thursday.
Although the two men had been charged with murder, the jury had been directed by Justice Cheryll Richards that they could opt for the alternative verdict of manslaughter given the circumstances of the crime. Jackson, who had fired the fatal shot in the illegal numbers shop on School Road, had argued through his attorney that he did not know the weapon was loaded; it had been an accidental discharge and there had never been any intention to kill anyone.
Soto, who said he had agreed to accompany Jackson on the robbery to make a little extra cash, had claimed that he did not even know that Jackson had a gun.
The court heard that the jury had struggled to reach unanimous verdicts, and as a result the verdicts against Soto on both counts were majorities — ten to two in favour of guilt. However, the jury had been unanimous in finding both men not guilty of murder.
Following the delivery of the verdicts, the judge thanked the jurors for their service before releasing them and turned to the issue of sentencing. Social inquiry reports were ordered for both men, as well as victim impact reports from Elliott’s family. A sentencing hearing was set for 25 January before the men were remanded into custody.
During the course of the trial, neither Jackson nor Soto had ever denied that they were the two men caught on CCTV footage in the small lobby of the numbers shop. But they had denied murder on the basis that there was no intention to kill anyone, only to scare people into handing over cash.
However, the crown had presented a case for murder on the basis that they had entered into a joint enterprise to rob the gambling den using a loaded firearm, which Jackson had cranked before pointing it into the room and announcing the stick-up. Crown counsel Candia James-Malcolm had argued that Elliott’s death was a foreseeable consequence of the escapade.
Their indifference to the possibility that someone could be seriously hurt or even killed during the execution of the crime was still murder, even though there was no specific intention to kill retired prison officer Harry Elliott.
- Fascinated
- Happy
- Sad
- Angry
- Bored
- Afraid
When is the prosecution of the former Police officer, running the illegal gambling establishment, being brought? Also what was a former Prison officer doing there? Persons who once swore to uphold the law. No wonder we’re in a mess.
This is why jurors must be brought in from overseas for every trial.
Manslaughter alone is a life sentence. Combine that with the gun and hit them with the highest possible time allowed then the verdict isn’t really important. Keeping this pond life off the street is the important part.
The fact of the matter is the Prosecution had to prove, beyond reasonable doubt that these guys went with intention of killing the gentleman, (their intention was robbery and had a firearm in order to intimidate), that wasn’t proven by the evidence presented therefore manslaughter was the only possible verdict!!
So is the DPP going to appeal this outcome? This seems so wrong on so many levels. Add to this the many, MANY, completely unsolved murders or “disappearances” and one is left feeling completely deflated and hopeless!
No appeal allowed against a not guilty verdict
Want to get rid of crime? Adopt the same laws as Singapore. They are very tough on criminals but also it is a very safe country.
Also there is punishment for littering and it happens to be a very clean country as well.
As someone who was actually in the court during the entire trial, I can say that the presentation of the prosecution case was excellent particularly the closing address and cross-examination of Soto. It is the jury that is entirely responsible for this verdict.
You don’t rack a bullet into the firing mechanism unless you intend to shoot!
This was murder, plain and simple. Who cocks back a gun, not knowing whether it was loaded or not – and expects that nothing bad/fatal will happen!? What a joke.
NOW, the question is are these same people responsible for what happened to Caine 3 days later? Or, is the 4th mystery man ever going to be named? Seems like someone wanted Caine to be silenced – whether for this crime or his witness statement on that other major home invasion…
Judicial system a laughing stock again. Who actually believes that somebody would be robbing somewhere with a gun unsure of whether it was loaded? The very first thing anybody does when carrying a firearm is check whether it is loaded. Should have been a murder charge for both of them. Instead, they will likely be out of prison in 10 years and robbing again.
Take it up with the jury.
The jury cant select which charge is applicable, only to make a decision based on the prosecutions evidence. If they had the option to find them guilty of manslaughter only, this option was given to them by the courts aka the Cayman judicial system.
Wrong. The jury could have said murder. They said no.
Remember that in order for them to get the murder charge the jury had to be unanimous……supposed the vote was 11 -1 or 10 -2. are you going to blame all the jurors? pretty sure majority of them voted murder but because of the way Cayman judicial system setup its a lose lose situation.
Ridiculous to the max!
He argued that He did not know the gun was loaded when he pulled the trigger …. Right. I am behooved to say that is equivalent to “your honor when I sat on the toilet and pushed… I did not know a turd was going to come out.”
And his chap colleague didn’t know he had a gun….right. I’m behooved to say these two lying choir boys got a longer nose than Pinocho and should be incarcerated
“did not know Jackson had a gun” ?
Then how were they going to carry out a robbery ? With their bare hands ? The judge and jury have dodged their responsibility.
Don’t blame the Judge, nothing to do with her. This is down to the jury – no doubt at least two of whom knew the defendants since they were kids and were sure they never meant no harm …
Whether the gun was loaded or not, just the mere fact they used a gun, the verdict should have been murder. If they had intended not to kill anyone and only intimidate, then why not use a baseball bat, a machete or a crow bar?
RIP Mr. Elliott.
Quote: Jackson, who had fired the fatal shot in the illegal numbers shop on School Road, had argued through his attorney that he did not know the weapon was loaded; it had been an accidental discharge and there had never been any intention to kill anyone.
Just imagine, some jurors actually believed that statement! Hence manslaughter.
How can anyone believe that they planned this robbery and left home “without knowing” if there were bullets in the gun. Yeah right- Crazy.
Manslaughter? What a shame. I’ve served on juries here and on every occasion, was frustrated by how clueless some jurors can be.
And also agenda ridden and biased to the max. It amazing to see their “logic” in action in that deliberation room.
They murdered an innocent family man.
Send them back where they come from
West Bay 4:46?
Hoduranian mix up smh
….West Bay?
Sad. you go to rob an illegal business with a load firearm cock the gun and it went off and kill someone.
Jackson committed murder. Soto went to rob a place with a mask and no weapon and thought Jackson had no weapon and was going to rob the place with his ugliness. Jackson was going to scare them with his face. What a bunch of bs.
Did the dpp team not ask soto when he was giving evidence, did he and jackson talk about how they were going to force them to give them the money.
Poor prosecution. They did not even deny the offence and almost got away.
Very poor