Security guard freed of firearm and assault charges

A security guard who was shot and injured by the police has been freed of illegal possession of firearm and assault charges.

Alva Reynolds, 31, who is of a Kingston address, was freed following a no-case submission made by attorney-at-law Courtney Foster.

Two policemen had testified in the Gun Court last week that on September 3, 2020, they saw four men on two motorcycles on Coburn Lane in Kingston.

The driver of one of the motorcycles made a u-turn and sped off, the court was told.

Reynolds, who was later identified to be the driver of the other motorcycle, went in the direction of an unmarked police car.

The pillion rider on that motorcycle pulled a firearm and pointed it in the direction of the police.
The police driver in the unmarked vehicle fired several shots in the direction of the pillion rider.

The motorcycle fell to the ground and the pillion rider escaped.

Reynolds was shot and injured and taken to hospital.

The witnesses said no firearm was recovered from Reynolds.

The policemen said they identified Reynolds at the hospital.

During cross-examination, Foster suggested to the witnesses that they could not identify Reynolds because when they went to the hospital he had surgery and was wearing an oxygen mask on the ward. 

In response, they said they were able to identify him.

Foster suggested that Reynolds was riding alone on the day when he was shot but the witnesses said there was a pillion rider.

After the Crown closed its case, Foster submitted that Reynolds should be freed because the prosecution did not prove its case against him and the identification evidence was weak. 

She asked the judge to bear in mind that no gun was recovered from Reynolds. 

She argued that the police witnesses were not the ones who took Reynolds to the hospital and in their written statements they gave no description of the man who was shot.

Foster pointed out that the description the witnesses gave in court was diametrically opposed to each other.

The judge upheld the submissions and freed Reynolds.

- Barbara Gayle

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