Attempted murder case is dismissed
After spending nearly eight months in jail, a 25-year-old Southampton man accused of attempted murder has seen the case against him dismissed from the Supreme Court.Royunde’ Stevens-Cyrus has been in custody since March 30, after he was charged with gunning down teenager Jahrockia Smith-Hassell.A jury heard from Mr Smith-Hassell that he was “100 percent sure” Mr Stevens-Cyrus was the shooter who shot him three times, shortly before midnight on March 25, as he stood around with friends on Rambling Lane, Pembroke.However, Puisne Judge Charles-Etta Simmons yesterday instructed the jury to find the defendant not guilty of attempted murder and of using a firearm for an indictable defence.The court has heard evidence linking the shooting to retaliatory attacks between the Parkside and 42 gangs. Testimony from police gang expert Sergeant Alex Rollin suggested an association between Mr Stevens-Cyrus and members of the Parkside gang. It has also been alleged that Mr Smith-Hassell’s older brother is a member of 42, and that the complainant who was 16 years old at the time was a victim by proxy in the ongoing feud between the two groups.In her ruling, Justice Simmons cited inherent weaknesses in the testimony provided by the victim, who has been the primary witness for the prosecution.Evidence that he saw his assailant’s face just before he was shot conflicted with testimony from two witnesses, who told the court that the shooter’s face was concealed by a mask or woolly hat.Mr Smith-Hassell told police he had seen Mr Stevens-Cyrus on Rambling Lane in the company of a man known as “Haitian” roughly half an hour before a lone gunman returned to Rambling Lane. However, in court he said the defendant had been in the company of Reniko Burchall, casting doubt on his testimony.Witness Dandre Butler acknowledged seeing the defendant at about 11.15pm that night, but told the court he had walked past with a man he knew as Jerry Robinson.Although Mr Smith-Hassell denied being intoxicated by the time he was shot, evidence from other witnesses suggested he had been drunk earlier in the evening, and the complainant admitted having had “too much” that night.There were also discrepancies in evidence as to the height of the shooter, and the court has heard from several witnesses of the unreliable lighting on Rambling Lane.Justice Simmons also noted the lack of direct forensic evidence linking Mr Stevens-Cyrus to the shooting.“There is no evidence tying him to the shell casings or projectile found at the site of the shooting,” she said. “No evidence tied the defendant to the firing of a gun, such as GSR [gunshot residue].”Justice Simmons described Sgt Rollin’s testimony as “generic evidence”.“The prosecution’s gang evidence did not expose the defendant as someone engaged in carrying out the shooting in issue on the gang’s behalf,” Justice Simmons continued. “While expert evidence of gang membership, culture and rivalry is admissible evidence, it is only intended as a backdrop, evidence of circumstances that might explain a shooting.”During two weeks of trial, the court has heard the matter described an “an identification case” but Justice Simmons concluded the jury could not be properly directed to convict on the basis of the evidence they have heard.Mr Stevens-Cyrus, who has sat quietly in the dock throughout his trial, reacted to the verdict with a heavy sigh. Friends and family could be heard calling out with relief from the steps outside.The accused man’s mother, Carmilita Cyrus, said she was relieved to see the case against her son dismissed. His aunt, Empress Shirley Stevens, said: “I’m happy, just really happy for him. God is good.”