New charges filed against cops over shooting outside fast-food restaurant

New charges have been filed against two of the three policemen who were arrested in connection with a deadly shooting incident outside a fast-food restaurant in Ocho Rios, St Ann, in January.

The new charges filed against Constable Huwayne Ramsay are manslaughter and professing to have access to a firearm, contrary to section 18 of the revised Firearms Act, court documents have revealed.

The charge of manslaughter relates to section 13 of the Constabulary Force Act which stipulates that the duties of the police “shall be to keep watch by day and night, to preserve the peace, to detect crime, apprehend and summon before a justice, persons found committing any offence or whom they reasonably suspect of having committed an offence…”

When contacted by The Gleaner, Michael Hemmings, the attorney representing Ramsay, predicted that the charge of manslaughter “not going anywhere”.

Hemmings said his client did make a report of the incident.

"We anticipate our day in court when Mr Ramsay can be vindicated of the charges laid against him," he said.

Constable Marcello Kerr is facing additional charges of attempting to pervert the course of justice and using motor vehicle registration plates for a purpose other than which the application was made contrary to section 13 of the revised Road Traffic Act.

The charge of attempting to pervert the course of justice stems from allegations that after the shooting incident Kerr went home and removed the licence plates from his car “with a view to concealing that his vehicle was present at the scene of the incident”.

Donnovan Collins, the attorney representing Kerr, declined to comment when contacted by The Gleaner on Wednesday.

Ramsay and Kerr, along with the third police constable, Jameil Scott, were already charged for misprision of felony and misconduct in a public office arising from the incident. 

Misprision of felony is the failure to report a crime.

Five civilians, Dugeon Hall, Onique Hall, Troy Allen, Moyo Kerr and Fitzgerald Stewart, have also been charged with misprision of felony.

Ramsay and Kerr were granted bail in the St Ann's Bay Parish Court on Tuesday in the sum of $800,000 and $1.2 million respectively.

The civilians are all on bail. 

According to prosecutors, an altercation over a female patron cutting the line inside the Mother's fast-food restaurant on January 27 sparked the deadly shooting incident outside the eatery, The Gleaner first reported.

The victim has been identified as Kajay Simms, 30, a labourer of Gayle, St Mary.

A video recording of the incident is among the evidence in the case.

Simms was with a group of friends and family members who went to the Mother's restaurant on January 27.

It's reported in court documents seen by The Gleaner that Simms and members of his group were waiting in line to place their orders when a woman went in front of them, triggering an argument that quickly became physical.

According to prosecutors, the confrontation spilled out onto the street as other people aligned to the warring factions joined in.

It's alleged that Simms pulled a knife and stabbed two men before gunfire erupted. He was found with a gunshot wound and later died at hospital.

- Livern Barrett

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