Justice is all that the still grieving relatives of Nigel Isaacs want after the man accused of fatally shooting him was freed because the police failed to obtain sufficient evidence to make the charge stick.
Isaacs succumbed on the evening of May 10th after he was allegedly shot to the head by an enraged Andre Gomez, called ‘Zip,’ who reportedly opened fire on a man who had nicked his vehicle on Main Street, near the Palm Court bar. The shots missed their intended target and struck Isaacs, who was standing nearby.
The charge against Gomez, who is a licensed firearm holder, was withdrawn during his second court appearance. He would have spent a total of 27 days in the Georgetown Prisons up until then.
The court was informed that the matter was being withdrawn on the advice of the Director of Public Pro-secutions (DPP) because there was insufficient evidence.
However, at Gomez’ arraignment, prosecutor Bharat Mangru had said that there was evidence against the man. In his submissions, he said the spent shell recovered after the shooting matched Gomez’s gun. He added that a post-mortem examination was performed and the warhead was taken for analysis.
“If they know they didn’t have evidence or they ain’t got witness, why they didn’t charge him for manslaughter? Why charge him with murder, keep him for how much days, not even a month, and then loose him and say that there is no evidence? Something is wrong. Something is definitely wrong,” a close relative of Isaacs told Stabroek News yesterday.
The woman, who asked not to be named, said she was “very much surprised” at the way the matter turned out and she other members of Isaacs’ family are seeking justice, not compensation for the slain man.
“We want justice for Nigel and that is what we are looking for. Today, we haven’t heard anything from nobody—the police, we haven’t heard anything from the man…we just want justice for the family,” the woman said.
At what point the case file was sent to the DPP is unclear. It is protocol for the case file to be sent for legal advice prior to the institution of charges. However, it would appear that this did not happen and instead the police charged Gomez and then forwarded the file to the DPP for advice.
Following Gomez’ discharge, then acting DPP Jo-Ann Barlow, through the DPP’s chambers’ public relations officer, indicated that “the evidence was insufficient to support the offence of murder and manslaughter.”
Isaacs’ relative said the decision to free the alleged shooter shocked her family. “If it was broken down to manslaughter, he woulda be pon de road and the matter call and put down for years but we still woulda feel at least that he get charge with manslaughter,” she said.
It would appear that without an eyewitness, the police’s case cannot move forward. It is unclear what has become of the driver of the car that hit Gomez’ vehicle and triggered the shooting.
Regarding the apparent lack of eyewitnesses, the relative said the police could have used the spent shell which was recovered at the crime scene to build their case. Noting that this would have been of great evidential value, she stressed, “They (the police) ain’t got to wait for somebody to see because nowadays nobody wants to see because they are scared for their life,” she added.
The case, she said, was handled poorly by the police. “Something is wrong. Something is wrong somewhere and I believe that it stems from the police investigation,” the woman insisted.
Recalling the day of the shooting, she noted that she found Isaacs at the Georgetown Hospital lying on a bed, unresponsive, in the emergency room. Based on a photograph seen by this newspaper, Isaacs’ head was heavily bandaged and he was bleeding from his mouth. The relative said that based on what the doctor had said, no attempts could have been made to remove the bullet because of where it was lodged in his head. “There was no hope,” the woman said.
Asked about the family’s next move, the relative said there is a plan to visit top police officials with a view of having the matter pursued. The filing of private criminal action is an option being considered by relatives.
In addition to the spent shell that was recovered at the crime scene, observers say police could have also swabbed Gomez’ hands after the shooting for gunshot residue.
Initially, Stabroek News was told that the police were unable to do any ballistic tests on the bullet that was lodged in Isaacs’ head because it had disintegrated. However, Stabroek News has since learnt that an x-ray done shortly after the shooting found the bullet to be intact.
Crime Chief Wendell Blanhum has said that although Gomez has been freed, the case is still open and investigators are trying to find eyewitnesses.
“We are trying to contact persons who were there on the night in question,” he had said. When contacted subsequently, he said the efforts are continuing.
