Maybury jury to decide case after seeing cell phone gun videos
Shooting-accused Alvone Maybury filmed himself brandishing the gun he was "obsessed with", Supreme Court heard yesterday.
According to prosecutor Carrington Mahoney, the footage shows the moment Maybury "pretty much convicted himself".
The images were found on his cell phone when he was arrested two days after he allegedly shot at gang rivals in central Hamilton.
The same gun was later found by experts to be the one used in the shooting.
According to Mr. Mahoney, the 24-year-old went to the Captain's Lounge bar on Reid Street armed with the firearm late on December 18, 2009.
Mr. Mahoney told the jury the defendant associated with the 42 gang, and got into an altercation with rivals from Parkside he'd arranged to meet at the bar, later firing a shot in their direction outside on the street.
No one was injured in the incident. Eyewitness Egbert Christopher, who was smoking a cigarette outside the bar, heard the shot but could not identify anyone involved.
According to Mr. Mahoney, circumstantial evidence points to Maybury being the shooter. As part of that argument, the cell phone videos were played to the jury yesterday.
In one dating from December 12 a voice, identified by Detective Constable Rohan Henry as belonging to Maybury, makes references to "Parkside niggas" and states "niggas are coming for you guys real soon, trust me. Yah big time."
In another, filmed on the morning of the incident, Maybury can be seen on camera along with a gun and bullets laid out on a bed. He says: "Niggas are ready for war", before brandishing the gun at the camera while saying "pop pop".
In a third video, filmed hours after the shooting, Maybury does a forward roll along the floor before jumping up with the gun in his hand and pointing it at the camera. Mr. Mahoney described the accused as "posing as John Wayne and looking like he was ready for action, rolling all over".
Mr. Mahoney said the videos are proof of the accused man's motive and opportunity to commit the crime.
"Interestingly, this is a case in which the accused man pretty much convicted himself. His cell phone provided much of the important evidence against him," he remarked during his closing speech.
Mr. Mahoney said of Maybury's comment about being ready for war: "Right there you're getting an idea of the mindset of the accused whilst he was preparing to go and meet these people from the opposing side."
The prosecutor said Maybury appeared to be "obsessed" with the gun, and even if it was one of his friends who pulled the trigger that night, he was still guilty of aiding and abetting the crime.
Maybury admitted during Police interviews that he met with gang members in Captain's Lounge but denied being a gangster himself, and said he had no beef with anyone. He told Police the Parkside members actually fired in the direction of him and his friends after becoming confrontational because Maybury was staying in St. Monica's Road, aka 42nd Street, at the time.
He described the videos of himself with the gun as "playing around and being stupid". He told detectives: "I know I was recorded having a gun in pictures but that ain't my gun and all that there. And he claimed: "I never used it or anything like that and I just want to help you guys get it back."
The jury has heard how Maybury placed telephone calls that led Police to recover the semi-automatic handgun from a dumpster in Sandys on January 14. It also heard from US-based experts on Friday how the weapon was sent to them for analysis, along with a bullet casing found on the pavement at the scene of the Reid Street shooting.
Firearms expert Dennis McGuire told the trial every gun barrel has unique grooves in its metal surface, which leaves marks on bullet cases as shots are fired. He described these markings as unique as fingerprints, and said the bullet casing he examined from the scene showed it was fired from the gun recovered from the dumpster.
Gun shot residue analyst Alfred (AJ) Schwoeble examined swabs taken from Maybury's BlackBerry cell phone, and found two particles of the residue on the phone.
Yesterday, defence lawyer Llewellyn Peniston urged the jury to find that the prosecution had not proved the charges Maybury faces of possessing a firearm and ammunition and discharging the firearm.
The charges relate to the Reid Street incident, and not the gun possession depicted in the cell phone footage, as Police agreed not to press charges over the pictures in return for Maybury helping them recover the gun.
Mr. Peniston said: "There's been not one shred of evidence in this case that this defendant was at Captain's Lounge and he had a gun in his possession. There's nothing to link the bullet casing to this man being there and firing the gun at that point in time. That's what he's here for there's nothing my learned friend [Mr. Mahoney] has given you except for smoke and mirrors."
Maybury elected not to take the stand to give evidence in his own defence, telling the judge: "I reserve my right to silence."
His lawyer told the jury that was his right and "you shouldn't hold that against him".
The jury is expected to deliver a verdict in the case today.