Three found guilty of illegal gun possession in 5-year-old case
Roughly half-a-decade since their arrest, three men were found guilty of illegal possession of a firearm in the Magistrate’s Court this week.
The three accused, Edgar Carasco, Darryl Frett and Jose Almestica, were all slapped with the conviction by Magistrate Tamia Richards on October 25.
Carasco appeared in person while Frett attended via Zoom in police lock-up. The court was told that Almestica has been missing since Hurricane Irma in 2017 when he escaped custody.
Almestica, whose trial had already begun before he fled, was a prisoner at Her Majesty’s Prison Hurricane Irma but escaped after the hurricane caused substantial damage to the Balsam Ghut-based facility. He has not been seen since.
In handing down the judgment, Magistrate Richards said the three accused were guilty beyond a reasonable doubt.
The three defendants’ case started back in August of 2016 when they were stopped by police officers in Road Town and a vehicle being driven by Carasco was searched.
Frett and Almestica were two passengers in the car. The officer on conducting the search found a nine-millimetre semi-automatic pistol, ammunition, approximately $49,000, and a money-counting machine. Upon discovery, Almestica ran away and he was found in a nearby bakery.
Based on Carasco’s testimony, he was on his lunch break on the day in question. He said he was going to Kelly’s Restaurant when he met Frett who he knew previously. After this encounter, Carasco and Frett decided to go to Struggling Man’s Place.
He borrowed his friend Chris’ vehicle as neither he nor his co-defendant was driving. On their way to Struggling Man’s Place, the two men met their other co-defendant Almestica who asked them for a drive to Town. Frett implored Carasco to oblige to Almestica’s request.
According to Carasco, when they arrived at their destination, Almestica asked if they could go in town and he would buy them lunch at the Sporting Club in Town as a thank you.
But Magistrate Richards said she did not believe Carasco’s testimony so she rejected it.
Magistrate Richards said Carasco’s defence relied on the fact he was simply going to get lunch during his break when he met Frett and later Almestica who he initially told the police was his friend but changed his story and said he was a stranger.
The magistrate said it made no sense that Carasco would accept a stranger’s offer to take him to West End for a free lunch.
She added Carasco said he decided to get lunch at approximately 12 pm on the day in question. He further said the police searched the vehicle at approximately 3:25 pm. Magistrate Richards said it simply did not make sense that a hungry Carasco did not get any lunch within the three-hour window.
She also said Carasco did not mention Almestica providing him or Frett with money for the lunch he promised despite the police finding the $49,000 in the back of the vehicle.
Carasco was represented by attorney Valerie Gordon and Frett was represented by Reynela Rawlins. The two defendants present were ordered remanded until their sentencing on November 24.
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It took 5 years to have the court and the sentencing is still being delayed? My my!!!
How come it take so long? Thats normal?
In the Magistrate Court, yes.
So Defendant Almestica only spent 1 year incarcerated and was freed by natural forces so he took advantage and left this island/country. Frett and Carasco stayed behind to face the music 5 years later. Only in the BVI!
The BVI justice system is broken. Reading this shows how much a mess the Magistrate system is. The police caught these men red handed. And now after 5 years the Magistrate still asking questions and letting these guys confuse them.
The process:
1) someone breaks law
2) police writes a summons (person goes home)
3) Magistrate writes up a court request
4) officer of the court has to find the person and hand deliver it
5) the person appears before a judge (this usually takes a year)
Same process for rape as it is for a traffic accident! And the Magistrate has the power to dismiss the case anywhere along the way (It is really cool if you are related to the Magistrate – you will never be brought to the judge for anything!)
This must be changed. Otherwise the scooter boys be running this place in about 10 years!
Justice delayed is justice denied——William E. Gladstone. Shameful. Under whose purview does the fall? Another example of a royal mess. One set of rules for the Mother country; another set for OTs.
So after waiting five years for their case to be heard, what sentencing they going get? 5 years ain sentence enough?