NASSAU-The Court of Appeal has freed a man who spent seven years in prison for allegedly killing a man during an attempted armed robbery.
Police arrested Dominic Thompson, 33, hours after Domingo Duncan’s murder on April 7, 2013.
He was gunned down during an attempted robbery in the parking lot of the Blue Waters Lounge.
Though tried for murder and attempted murder, jurors acquitted Thompson of murder.
Instead, they convicted him of manslaughter and attempted armed robbery.
Justice Carolita Bethell imposed concurrent sentences of 25 years and 10 years for manslaughter and attempted armed robbery.
In a decision delivered this week, Justice of Appeal Milton Evans said that the erred by letting jurors consider a manslaughter charge.
He said, “This was a case of murder or nothing.”
According to the prosecution, Thompson and Julien McKenzie were at Magic City when his friend Tech asked for a ride. McKenzie, the driver, agreed and they went to the Blue Waters Lounge. When they arrived, Tech exited the car and announced his intention to rob Duncan. Prosecutors said Thompson acted as the lookout and McKenzie was the getaway driver.
Inconsistencies
Additionally, Evans said the trial judge failed to address a “major inconsistency” between an eyewitness’s account and Thompson’s alleged confession on which the Crown based its case.
The eyewitness said that only one person approached Duncan’s car. On the other hand, in the confession, Thompson said that he and the gunman, Tech, went to the car. Tech died before the trial. The jury convicted Thompson and McKenzie of manslaughter and attempted armed robbery.
When Thompson testified in his defence at trial, he said he never approached Duncan with tech. The only eyewitness, Deshan Gibson, confirmed this in her testimony. She said only one person approached Duncan before shooting him in a struggle.
Evans said the judge was obligated to tell jurors that the the eyewitness’ account was consistent with Thompson’s defence
Evans said, “The Crown’s evidence on what role the appellant played was inconsistent and thus unclear.
“The judge had an obligation to deal with this issue and point out to the jury the inconsistency, as it was clearly very material to the issue which they had to decide.
Evans said the judge’s failure to point out the discrepancies “was a serious error and goes to the root of the safety of the verdicts.”
Christina Galanos represented Thompson at his trial and during the appeal. Linda Evans appeared for the Crown.
