Charges were dropped yesterday against Don Phillippe, 31, Wilson Tusant, 43, and Knevunn Dean, 35, who were suspected of fatally shooting two men back in May.
Silvano Yasmin, 37, also known as ‘Sylvano Blanc’ and ‘American,’ and Kenrick Dalphe, 36, both of Hampton Apartments, were gunned down outside their South Bahamia residence on Sunday, May 23, and their deaths were recorded as the island’s fourth and fifth murder for 2010.
Phillippe, Tusant and Dean were charged two, three days later with two counts of conspiracy to commit murder and murder and initially denied bail.
On the conspiracy to commit murder count, it was alleged that the three on the day in question, being concerned together with others and with a common purpose, conspired to commit the murder of Yasmin and Dalphe.
On the murder count, it was further alleged that they, being concerned together with others and with a common purpose, caused the death of Yasmin and Dalphe.
A preliminary hearing was set for Monday, November 8, 2010 to determine if there was sufficient evidence to have the matter be referred to the Supreme Court.
But when the trio reappeared before Freeport Magistrate Andrew Forbes in Court 2 Friday morning, Prosecutor Erica Kemp revealed that the Attorney General, after reviewing the evidence in the matter, has decided to discontinue proceedings against the them.
Pointing out that it was not an acquittal, Attorney Kemp said she had in her possession a nolle prosequi (a motion to drop the case against the men) which was signed by the Attorney General in the matter.
She added that Attorney Shurland, who represents Tusant, and holding brief for Attorney Simeon Brown, who represented Dean and Attorney Murio Ducille, who was acting on Phillippe’s behalf, had been supplied with the copies.
Prosecutor Kemp further revealed that the document would authorize the defendants to reclaim their recognizance at the Supreme Court registry.
Magistrate Forbes then revealed the contents of the document which the men had in their possession which stated that the proceedings have been discontinued and they were discharged.
However, the magistrate noted that if at any time any new evidence came to light charges could be brought against the trio in the Magistrates or the Supreme Court via a voluntary bill of indictment.
With those words, the men were told that they were free to go.
Outside the courtroom, Phillippe, Tusant and Dean expressed elation over the outcome and were eager to have their life returned to normal.
Yasmin and Dalphe were shot multiple times inside a dark blue Ford Expedition SUV while it was parked at the entrance gate to Hampton Apartments just before 6:00 a.m. on Sunday.
When officers arrived on the scene, the engine was still running.
The police was notified about numerous gunshots being heard in the area shortly thereafter and they met a black male sitting motionless in the driver’s seat with multiple gunshot wounds about the body.
Police say a second black male, who was lying on the ground near the rear passenger door which was open, was transported to the Rand Memorial Hospital and died some two hours later.
