An eye witness indicated to the court that the deceased was unarmed when he was shot by police.
The coroner and his six woman, one man jury, are seeking to determine what happened when Mackey was shot on Dec. 6, 2002, if he lay injured without medical attention for some two hours and if anyone could be blamed for his death, in particular two officers of the Royal Bahamas Police Force involved in the case.
Valeria Pyfrom of the Attorney General’s office marshalled the evidence in the case and attorney Fayne Thompson represented the Mackey estate and family.
Deon Smith and Adrian White represented police officer Zhivargo Ernes, while Kenneth Toppin represented the Royal Bahamas Police Force and officer Ricardo Neeley.
Dwayne Curry a resident of the St. James Road area for 25 years testified as to what events took place leading up to the death of Mackey some 10 months ago.
On the night in question he said that he was speaking to his sister a few feet away from the Vintage Brotherhood Sporting Lounge on St. James Road.
Sometime after 9 p.m. he said he saw a police car pull up alongside a black sports car, with the officers shining a light into the vehicle.
A few minutes later he said that Jermaine and another young man pulled up behind the black car in a white Honda Accord and he (Mackey) exited the vehicle.
He said Mackey headed in the direction of him and his sister, when the police officer that was driving shouted “Don’t run,” to Mackey.
A heated chase ensued, with Curry stating that he heard three shots before he saw Mackey again headed in the direction of the other taller fair skinned police officer.
He said both officers had their firearms drawn and he heard two additional shots, but he did not know who fired upon Mackey who was now on the ground.
Before the two final shots were fired he said his friend was sandwiched between both officers, with his hands raised over his head, motionless.
While walking towards the sporting lounge entrance where Mackey had fallen on the steps, he said he witnessed the officer turn him (Mackey) over, while still stooping over him with his gun.
“He was gasping for breath and bleeding from his mouth and nose,” Curry said about the condition of his friend. The witness indicated he and other bystanders appealed to the police to assist Mackey, but they did not get a response from the officers.
In particular he said, “officer’s ya’ll can’t do nothing for him, he is still breathing.”
He said no attempts were made by the police to remove Mackey from the scene nor did he see an ambulance present.
The witness denied a suggestion from Mr. Toppin that the bystanders began to threaten the officers, acting in a hostile manner towards them.
After the shooting, he stated that he remained on the scene for about 10 to 15 minutes before he headed home some six houses away.
He said he had known the deceased for about eight or nine years.
Detective Inspector 2193 Marvin Cargill attached to the Criminal Records Office in the Scenes of Crime Section testified to photographing the body of Mackey.
The witness said on the date in question around 10.45 p.m. he arrived at the scene on St. James Road. Two other officers he said accompanied him.
A senior officer at the site gave him certain information, but he stated “due to the large crowd and their hostility we had to run for safety.”
Additionally he said the large crowd threw rocks and bottles preventing him from being able to photograph Mackey’s body until 1 a.m. thanks to the assistance of the Riot Squad.
On that occasion Cargill said that rocks and bottles also hit Mackey’s body.
Moreover the officer also testified that no weapon was found in the immediate vicinity of Mackey nor on his person.
He said he did not see Constable Ernes or Mackey at the scene.
The officer denied suggestions from Thompson that the police refused to take Mackey for medical attention and they allowed him to die at the scene.
Cargill also stated that he was not sure if Mackey was dead or alive when he arrived at the scene. Cargill gave no explanation as to why Mackey was not taken to the hospital or why he was still lying on the ground some two hours after being shot by police.
The mother of the deceased, who was affectionately called JAM, testified that during the night of the shooting on December 6 and up to December 8, 2002 she was in Miami, Florida. On Dec. 11, 2002, she stated that she visited the Rand Morgue at the Princess Margaret Hospital to identify her son’s body.
The following day she said she collected her son’s personal effects from the Central Detective Unit.
The case will resume on November 6 at 10 a.m. with the court visiting the scene where a riot erupted and Mackey spent his last moments before he expired.
By Jimenita Swain, The Nassau Guardian
