A police officer involved in the shooting death of Jermaine Mackey in 2002, which sparked the Kemp Road riot, was found guilty of manslaughter in a coroner’s court on Thursday.
The verdict, handed down by a six-woman one-man jury, was split four-three.
According to court documents, on December 6, 2002, officers Zhivargo Ernes and Ricardo Neeley stopped Mackey while on St. James Road.
A witness testified during the proceedings that she saw two officers holding onto the jacket of the deceased and then two shots were fired, killing the 27-year-old.
According to several witnesses, the officers did not try to assist Mackey who lay in the road bleeding from various areas of his body.
Attorney for the officers, Kenneth Toppin, said because of the uproar that took place after the shooting, both officers were unable to attend to Murphy.
A detective also testified during the proceedings giving evidence as to why the body was in the road for hours before being carried away.
The detective told the court that officers from the Scenes of Crime Unit were unable to photograph the body right away because of the crowds of people who were throwing rocks and bottles as the police arrived.
However, Coroner William Campbell only found officer Ernes at fault for the death of Mackey. Charges against Neeley were dismissed.
The incident spurred a riot in the Kemp Road community, resulting in thousands of dollars worth of damage, including damage to several police vehicles, according to authorities.
After two years of waiting to hear an outcome in the matter, Charlene Murphy, mother of the deceased, said she was satisfied that justice had been served.
Attorney Fayne Thompson said after the verdict was handed that the outcome was great news for the family and for the country because it showed that police brutality and inhumane treatment will not be tolerated in The Bahamas.
“The jury found that the police officer is responsible for the death of Jermaine. This is what we contended all along and we feel that [this is] the right result and we feel that the only way forward is now to proceed to the Supreme Court for a swift hearing on a charge of manslaughter.”
He questioned the duration of the trial, which he said has taken a long time resulting in a delay in the family’s healing process.
“The judge did the best job that he could do, but these things take too long for families and for the process, but today we feel that accountability has come to the forefront and that the right result has occurred,” Mr. Thompson said.
The officer was granted bail until a Supreme Court hearing date is set.
Ms. Murphy, who cried tears of joy after the proceedings, said she can now begin her healing process after losing her son.
She added that her son was unarmed during the incident and for him to be shot down in cold blood in the street was a terrible injustice to her and her family.
Several of Mackey’s other family members also expressed similar sentiments.
One relative said she was glad that the whole ordeal was finally over so that the people can see that the Kemp Road community had a right to strike back in 2002.
She said that she was tired of defending Mackey, whom people often labeled a violent or dangerous person.
“Finally they can know he is innocent and the talking can stop,” she said. “Kemp Road is a peaceful community and will remain that way. The riot would have never taken place if the police had not done something wrong.”
