7 News Belize

Tried Twice, Remanded For Five Years, Brothers Finally Free
posted (June 12, 2012)
Two men who have been tried twice for the same murder - and been on remand for 5 years are free tonight.

The brothers, 26 year-old Jody Gentle and 22 year-old Lynton Gentle, are free tonight after they were acquitted before Justice Adolph Lucas in their second trial for the June 2007 murder of 25 year-old Alpheus "June Bird" Smith Jr.

The prosecution, which was represented by Crown Counsel Christophe Rodriguez, called the police witnesses who testified in the first trial in 2010 which ended in a hung jury.

These officers told the court that they were on Currasow Street when they saw both Gentle brothers with guns firing shots at a parked car.

When the brothers ran away and jumped into a red Chevy tracker parked on an adjoining street, the officers followed behind and arrested them immediately, while they were still armed.

What they could not testify to was that they saw who the Gentle brothers were firing at near that car, and because of this, the prosecution was depending on the testimony of the only other witness they could provide.

This witness told the police in a written statement that he drove by and saw Smith injured. He said that he then picked him up and drove him to the hospital, but Smith's injuries were very serious, and in the end, he succumbed.

That same witness took the stand today and told the court that he couldn't recall what happened on that day, which forced Crown Counsel Rodriguez to treat him as a hostile witness. But, in the end, the prosecution could not get any evidence from this crucial witness to link the Gentle brothers' shooting to Smith's death.

As a result, when the prosecution closed its case, Hubert Elrington, attorney for the brothers, made a no-case submission saying that the prosecution could not provide evidence that the Gentle brothers were indeed shooting at Smith, which caused him to die.

Justice Adolph Lucas, after careful consideration, upheld the submission, and directed the jury to return a not-guilty verdict against both men, setting them free.

Both brothers have been on remand for 5 years in relation to this murder charge.

According to police, Smith was inside his vehicle on Curassow Street on the morning of June 16, 2007 when a barrage of gunshots was fired at him. AS MANY as 8 of those bullets hit Smith causing fatal injuries.

Home | Archives | Downloads/Podcasts | Advertise | Contact Us

7 News Belize