Theotis Rashad Johnson, 26, appeared in court, dressed in a yellow shirt and dark blue jean trousers, accused of murder and causing a wound.
Prosecutor Francis Cumberbatch said the accused on Feb. 15, 2000, while in Freeport, Grand Bahama, in the company of another, intentionally and unlawfully caused the death of Mr. Beneby. On the same date, count two alleges that he intentionally and unlawfully caused a wound to Ingrid Cartwright.
During testimony, Ms. Cartwright said at around 12:30 p.m. they were preparing to go out. “I was seated in the driver’s side of the car,” she said explaining that it was a black 1997 Expedition Jeep.
The witness said ‘Ben,’ as he was called, was standing at the driver’s side door. “I saw when he looked around,” she said, as she made the same motion.
Minutes later two men approached and opened fire on them, she said. Beneby climbed across her in the vehicle, she said. She had been shot in the leg.
Ms. Cartwright said she heard the gunshots getting closer to her, when they stopped and started on the passenger side, where Ben was located.
At that point, she said it sounded as if ‘Ben’ was praying and she hoped that he would be silent, because it seemed to her, that as long as he spoke, the men continued shooting.
Both men were masked and wore camouflaged clothing.
When the shooting ceased, she said, “I got up to run inside. They were leaving then.”
She said the men walked from the rear of the house to the front area during their exit.
While in the house, Ms. Cartwright said, “I stood at the window for a while calling his name, then I called the police,” she said after getting no response.
She said both of them ended up at the hospital at the same time. After they could not revive him, they operated on her and removed the bullet.
Kaylisa Beneby, the wife of the deceased, testified to identifying her husband’s body at the morgue in Freeport on Feb. 21, 2000 at 10 a.m.
Arnold Russell, an emergency medical technician from the Rand Memorial Hospital in Grand Bahama, testified to his involvement with the case.
Around 12:25 a.m. on the night in question, the witness said he received a 911 call, which directed him to Sea Horse Village at Waterfall Drive.
While at the scene he entered the home where he met a female seated very still on a chair. There were two wounds to the side of her thigh, which he bandaged.
He next headed outside of the house to the rear, where he observed a male patient with numerous holes about the body. He said the body was partly under the vehicle where he had fallen.
Mr. Russell said upon examination he found no vital signs for the victim who was then transported to the hospital.
In Mr. Cumberbatch’s opening statements, he indicated to the five man, seven woman jury that they must be satisfied that there was a death, caused by means of unlawful harm inflicted. He said the Crown was going to show that Beneby was dead.
He explained if the jury found that Beneby had been shot and that the accused had fired the shot, then it could be inferred, based on the circumstances, that the accused had intended to cause death.
Cumberbatch also noted that intention was a difficult thing to prove, so he urged the jurors to listen to the evidence and draw appropriate inferences.
On the second count, the prosecutor said a case would also be presented in relation to Ms. Cartwright who was shot, probably by a person who wanted to inflict harm.
The facts of the case revealed that on the night in question Mr. Beneby was in the company of Ms. Cartwright preparing to go out.
As the pair entered Ms. Cartwright’s vehicle they were disturbed by two armed persons who opened fire on them.
Cartwright managed to escape to her home with several injuries. However, Ben was not so fortunate. He died as a result of several gunshot injuries.
The prosecutor reminded the jury that they were the sole judges of the facts and that the judge would give them all necessary directions on the law.
Moreover he said “The accused are presumed innocent until he pleads guilty or you find him guilty.”
Mr. Cumberbatch said the burden of proof rested squarely with the Crown, who must discharge it.
Murrio Ducille represents Johnson and Valeria Pyfrom is assisting the lead counsel in the case, which continues on Thursday at 10 a.m.
By Jimenita Swain, The Nassau Guardian
