Log In

Reset Password
BERMUDA | RSS PODCAST

Caines murder case to go to jury

Teiko Furbert acted together to murder James Cyrus Caines last summer.Puisne Judge Richard Ground will sum up the evidence and give legal directions on the law this morning and he will send out the panel to deliberate over lunch.

Teiko Furbert acted together to murder James Cyrus Caines last summer.

Puisne Judge Richard Ground will sum up the evidence and give legal directions on the law this morning and he will send out the panel to deliberate over lunch.

Yesterday, lawyers spent the majority of the day making their final addresses to the jury.

During the trial that is now in its third week, Franks, 32, of Dundonald Street, Pembroke, has pointed the finger at Furbert, 25, of Rockland's Estate Warwick, as the one who fired the fatal shot into a home on 27 Curving Avenue on the night of July 6, 1996.

At that time Caines was in the house with three other people smoking crack cocaine and cigarettes and drinking Elephant beer and Scotch.

The bullet was fired through a screen door and struck Caines on the left side of his face. It travelled down across his windpipe out of his neck and into his right shoulder.

As a result of his injury, Caines died because blood filled his lungs and cut off his ability to breathe.

Attorney General Elliott Mottley urged the jury to see that the shooting can only be understood if all the surrounding circumstances were taken into account.

Judge to sum up murder trial today Both Franks and Furbert, he charged, believed that Caines may have been responsible for two events that affected them.

Furbert had accused Caines of stealing one of his drugs packages in 1995, while Franks believed that the deceased had broken into his home on July 5, 1996.

Consequently, Mr. Mottley concluded that it was reasonable that the two accused shared a common understanding and were seeking retribution on the night Caines was killed.

And in his statement to Police Franks said:"I didn't think he would fire it into the house, not knowing who it would hit.'' Mr. Mottley said that this statement showed that he knew Furbert had a gun and this was enough to seal them together in a joint enterprise to murder Caines.

Franks' lawyer Mark Pettingill on the other hand, placed a different assessment on those facts.

He said that even if it were true that his client and Furbert went to 27 Curving Avenue with the intention of beating up Caines, Franks was not aware that Furbert had a gun.

Moreover, he said that Franks at the time of the shooting had decided against following through on his original intention, but the shooting had caught him off guard.

Mr. Pettingill said that although Caines had named his client as his killer, there was no way he could have seen who fired the shot because the room was dark and the windows were all covered.

Furbert's lawyer, Archie Warner, said that Franks had implicated his client because he had to find a way to explain why gunshot residue was found on his right hand and clothing.

As a result, Mr. Warner said Franks has concocted an entire story that placed himself in the vicinity of the shooting, which was enough to account for why there was gunshot residue on his clothing.

To further cover his own back, Mr. Warner said, Franks pointed the finger at Furbert as the shooter.

Mr. Warner said that Franks' entire version of the events of July 6, 1996 was nothing more than a "tissue of lies''.

Teiko Furbert COURTS CTS