Nassau, BAHAMAS- Drive-by killer D’Angelo Adderley will remain behind bars after a Court denied him permission to appeal out of time.
Adderley is serving 35 years for the November 3, 2010 murder of Sheria Curry. He was sentenced to a concurrent term of 15 years for the attempted murder of Shanko Smith who was injured in the same incident.
Adderley should have filed a notice to appeal his conviction within 21-days of his sentencing on February 9, 2017.
However, Adderley didn’t file his appeal until October 1, 2018–19 months later.
In a ruling delivered on January 13, the Court refused Adderley’s proposed appeal as it had no prospect of success.
According to the prosecution, Curry and Smith were in their yard in Step Street, Fox Hill with other relatives when a grey Hyundai SUV slowed down. The front and back seat passengers rolled down the windows and opened fire into the group.
Curry, who was shot in the head, died on the scene. Smith was shot in the leg.
Three eyewitnesses identified the shooters as Adderley and Lynden Prosper. Although the witnesses identified Adderley by the street name Bowie, they picked him out during an identification parade.
Public defender Dorsey McPhee argued that the identification was weak and the judge should have withdrawn the case from the jury.
Additionally, he said the judge failed to adequately and fairly assess the identification evidence in his summation.
Mr McPhee also complained that the judge failed to edit the police statement of the driver Denard Davis, where he identified Adderley as his front seat passenger.
But the Court held that the judge correctly told the jury that Davis’ statement was not evidence against Adderley.
Prosper lost his appeal in 2020 and Davis’ convictions were upheld in 2018.