“It was an unwilful act,” a MMC security guard, charged with killing accused battery thief Kwesi D’Andrade, told Acting Chief Magistrate Melissa Robertson yesterday.

Romeo Jones, 23, of Joseph Pollydore and Breda streets, Georgetown was not required to plead to the charge of manslaughter when it was read to him.

Jones rose to his feet in the courtroom dock when his name was called by the court orderly. He appeared to be in shock. The magistrate explained to him that the charge was indictable and he was not required to plead but she would read it to him so he would know why he was before the court.

It is alleged that on January 31 (Sunday) at Eping Avenue, Bel Air Park, Georgetown, Jones unlawfully killed D’Andrade.

On the day in question, the police prosecutor told the court, D’Andrade was arrested by other MMC guards at the Eping Avenue location for stealing a battery. While in custody, the prosecutor said, D’Andrade attacked Jones. The accused, according to the prosecutor, then shot D’Andrade.

The prosecutor further informed the court that they’d already received advice from the Director of Public Prosecutions. He did not object to bail being granted to Jones.

It was after the prosecutor’s submission that the magistrate asked the accused, Jones, if he wished to say anything. Jones told the court that it was an accident and he didn’t mean to kill D’Andrade.

Jones explained that he was a member of the MMC group which responded to an “alarm” from the Eping Avenue location.

“I already had a round in the breech,” Jones recalled, “because we were responding to an alarm and we didn’t know what situation we were going to face.”

When he arrived at the scene that morning, Jones recalled, D’Andrade was already in the custody of other MMC ranks. D’Andrade was subsequently handed over to him, Jones said.

“He [D’Andrade] wasn’t handcuff,” Jones further reported, “and I placed him in the back of the vehicle to sit…I was also sitting there.”

D’Andrade, who Jones described as “the victim”, attacked him while they were sitting.

“He [D’Andrade] attack me. He choke me around my neck,” Jones told the court. “I struggled and all of a sudden I hear the gun fire off.”

Shortly after Jones related his story to the court his attorney, Trenton Lake, made an appearance.

“…in the circumstances,” Lake said, “I apply for bail in a reasonable sum.”

Acting Chief Magistrate Robertson refused Lake’s application for bail and ordered that the accused be remanded.

The matter has been transferred to Court Three and continues on February 10.