(Jamaica Gleaner) Oral Nelson, a 32-year-old Jamaican who faced a double murder charge shortly after he was deported from the United States of America in August 2019, was freed last week of the charges but says the ordeal has left him traumatised and depressed.
“My deportation has severely affected my 12-year-old daughter, who, to this day cannot understand why I am not at home with the family,” said Nelson.
He had gone to the US in September 2015 as a conditional permanent resident after his wife had filed for him.
On May 31, 2018, Nelson says he was at home with his wife and their daughter when he was taken into custody by the St Louis City police on suspicion of dealing in narcotics.
After informing the police of his nationality, he was told that a “hold” had been put on him and he was transferred into the custody of the Immigration and Customs Enforcement representatives.
Nelson says he was advised on June 4, 2018, that he had no status in the USA because his green card had expired.
When he appeared before the Immigration Court, a representative of Homeland Security reportedly mentioned that an arrest warrant for Nelson had been issued in Jamaica.
Nelson was among 60 Jamaicans deported in August last year.
On his arrival, he was placed in custody and subsequently charged with the murders of Barrington Hutchinson and Fabian Tucker. They were shot dead on Henderson Avenue, off Olympic Way, Kingston 11 on June 7, 2015.
Attorney-at-law Everton Bird who represented Nelson, said committal proceedings began on October 7 this year in the Kingston and St Andrew Parish Court and was adjourned to November 12.
Bird explained that the main prosecution witness denied giving the statement which was served on the defense.
Bird further disclosed that the witness gave a second statement on November 26 in which he stated that the words in the first statement, which had perfect English, were not his words as he did not speak like that, having grown up in a garrison community all his life.
In the second statement, the witness said that he could not see who shot the men because he was running when he heard the shots.
The parish judge, in discharging Nelson, said that in the second statement the witness stated categorically that he “could not identify the person’s face.”
Nelson is upset that he was denied bail and had to spend more than a year in custody before he was acquitted.
“It bothers me to know that the police could issue a warrant for my arrest based on hearsay evidence.”
Nelson says he has never been involved in any kind of criminal activities in Jamaica or the USA. He added that he was the sole breadwinner for his family and is anxious to be reunited with his family.
Questioned as to why he did not renew his residency status, he said his wife was in the process of renewing it when he was taken into custody.
He explained that arising from the visit to his home, his wife was incarcerated and will be released later this month.
He said that he has been advised by an immigration lawyer that as soon as his wife is released she can resume the process of extending his permanent residency.
He said further that when he appeared in court in the USA, the judge had told him that his return to the country depended on the outcome of the case in Jamaica.
“The justice system has ruined my life because if it were not for hearsay evidence, I would not have been deported,” Nelson emphasised.
