They had been accused of beating 47 year old Michael Valerio to death on July 29th, 2012 on Front Street in Punta Gorda town.

Allegedly, Valerio also known as "Street" stole a bicycle belonging to one of the officers. The officers then allegedly chased him and beat him on the stairs of Central Bar, where they also injured the bar owner Luis Braddick. Valerio was left on the stairs to die.

The trial without jury took place before Justice Denis Hannomansingh. Tush was represented by Bryan Neal, while Cucul was represented by Dickie Bradley.

In the end, the judge was not satisfied beyond a reasonable doubt that the two officers beat Valerio to death. The case fell on the errors in procedure in an ID parade in the case of Tush, and an insufficient dock identification in the case of Cucul.