7 News Belize

Four Men Get Off Drug Related Double Murder
posted (May 30, 2012)
An hour ago, Brionne Swift, Victor Garnett, Frank Edwards, and Gabriel Salazar became free men after they were acquitted before Justice Herbert Lord of the June 2009 double murder of James Swan and Edward "Bro Lee" Gutierrez.

It made the headlines of all the media houses when their bodies were found 20 miles north of San Pedro Town in 2009. It was believed that their murders were drug related.

The prosecution, represented by Senior Crown Counsel Cecil Ramirez, called Eric Swan, brother of the James Swan to provide the key witness testimony. Swan testified under oath that on June 29, 2009, he went fishing with his brother, James Swan, and Edward Gutierrez.

According to Swan, 2 hours later, they took their boat to the Bachalar Chico area and all 3 of them got off. Several minutes later he saw 6 men coming toward them, and when they came closer, he saw that they were all armed with firearms. He pointed out all 4 of the accused as being part of this group which approached them.

The 6 men then allegedly confronted all 3 men about the location of, quote "the package".

Swan said that 2 of men held him hostage, and the other 4 then took James Swan and Edward Gutierrez to a secluded area of the beach. An hour later, he heard gunshots, and when the 4 men returned they did not bring back Swan and Gutierrez with him.

Swan continued that the men continued to hold him hostage for 24 hours, and when they got into another boat the next day, police arrived and fired on them. The police then arrested everyone in the boat. Swan told the court that since the day that those men took his brother and Gutierrez, he hasn't seen them alive again.

A police officer also testified for the prosecution that Victor Garnett allegedly placed himself on the beach on that day, and that he allegedly saw the deceased, but he didn't commit the murder.

When the prosecution closed their case, all 4 men gave the court - in the form of sworn and unsworn statements - that they were at home, and that they didn't take part in any murder. They even called witnesses to testify to the court that they were at home.

Another key piece of evidence came from Ivan Tun who testified for the men, who were represented by attorneys Dickey Bradley and Simeon Sampson. Tun told the court that on that day, he went with the Swan brothers and Gutierrez.

Tun told the court James Swan and Gutierrez got off the boat and left the area. Several minutes later, they heard gunshots. Tun said that he and Eric Swan, who swore that these men held him hostage, got into the boat by themselves and left the area.

The jury deliberated for more than 3 hours and returned to acquit all 4 men of both murder and manslaughter.

All of the men except Salazar were able to walk out of court free after 26 months and 3 weeks on remand. Salazar will remain in prison because he has another charge for which a trial is pending.

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