Accused says gun obtained in struggle with drug dealer
A Somerset man charged with possession of a gun and ammunition claimed that he inadvertently obtained the loaded weapon during a struggle with a drug dealer.
Testifying at his trial in the Supreme Court yesterday, Jomari Gooden said that he spent the evening of September 22 last year at a friend’s house, drinking alcohol and taking drugs.
Mr Gooden, 25, claimed that he then went on to a house party, where he drank more alcohol and took the psychedelic drug ecstasy — or “molly”.
“I was high, I was drunk, I was in good spirits,” Mr Gooden told the court.
He said he then drove to the house of a girlfriend, but when no one answered, he decided to drive to the area of White Hill, Sandys, to buy more drugs.
He said that it was there, in the early hours of the morning, that he met a man who agreed to sell him $150 worth of cannabis.
According to Mr Gooden, he handed over the money, but the dealer then started walking away without giving him the drugs.
Mr Gooden said: “I grabbed him by the shoulder. He turned around and I saw that he had a gun in his hand.
“I grabbed the gun and started pushing it away from me. He pulled it towards me, and that’s when I thought that my life was in danger.
“I slipped and fell backwards and pulled the gun out of his hands.”
The construction worker said he then drove to Somerset, holding the gun in his left hand, and pulled into a driveway on Middle Road near Hog Bay Park.
He then crossed the street and jumped over a wall.
He said: “I was just sitting there catching my breath, trying to think what to do next.”
The court earlier heard from police witnesses who testified that they saw Mr Gooden crossing the road and jumping over the wall.
They went to investigate and eventually apprehended Mr Gooden after a short chase, but had to use a Taser on him twice before he could be restrained.
In addition to the two counts of firearm and ammunition possession, Mr Gooden is also charged with assaulting a police officer and resisting arrest. He has pleaded not guilty to all four counts.
In his testimony, Mr Gooden said that he was holding the gun but put it in the waistband of his sweatpants when he heard the sound of voices approaching.
He claimed that he initially tried “not to be seen” but then “someone shined a light on me”.
“I took off running — I was still drunk, I was still high,” he said.
The court heard that Mr Gooden was given medical treatment before being taken to Hamilton Police Station. It was then that officers found the gun in his waistband.
Adley Duncan, for the Crown, presented the gun as an exhibit in court and asked Mr Gooden to hold the weapon.
“It’s got some weight to it,” the defendant said.
Mr Duncan also asked Mr Gooden why he never tried to dispose of the weapon or tell police about it once he was arrested.
Mr Gooden replied that at the time of his arrest he was too exhausted to talk and could hardly breathe.
Mr Duncan replied: “You had a nice long nap in the police car. Were you still catching your breath then?
“I am suggesting to you that there was no man that you disarmed and took a gun from. You’re making that story up.
“You were deliberate in your decision not to tell the police that you had a loaded gun on you.”
The trial, which is being heard before Puisne Judge Alan Richards, continues today, when counsel are expected to deliver their closing statements.
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