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Category Complainant/ Victim Case Summary Recommendations Fatal Shooting Othniel Robinson On Thursday June 18, 2015, at about 8:39 p.m. Othniel Alphanso Robinson was fatally shot by police officers from the Central Police Station whilst on mobile patrol and seized an illegal firearm. It is reported that officers were on mobile patrol duty. While driving on Harbour Street two men were seen which aroused the suspicion of the police. The said men on seeing the police ran off, pulled their firearms and opened fire at the police. Cons. fired five (5) rounds from his M16 rifle in the direction of said man. One of the men was shot and injured and a firearm was recovered from said injured man. The injured man (now deceased Othniel Alphanso Robinson) was taken to the Kingston Public Hospital where he was pronounced dead. Later on at the Kingston Central Police Station, the other man who was allegedly with the now deceased, was captured by the police. The Commission respectfully recommends that no criminal charges be laid or disciplinary action be taken against any of the concerned officers in relation to the fatal shooting of Othneil Alphonso Robinson. The file be forwarded to the Special Coroner. No Charge Fatal Shooting Everol McKenzie On Sunday the 18 th day of May 2014, about 1:00 p.m. a police party went to the home of the now deceased Everol McKenzie to apprehend him as he was a suspect in a case of Malicious Destruction of Property. On approaching the premises, the now deceased was seen, he looked in their direction, ran into his house and locked himself inside. The police called for him to exit his house but he refused. He eventually came out with a machete and a piece of steel and he advanced towards Constable who was nearest to him. Another Constable pulled his service pistol and fired two (2) warning shots to try to get the now deceased Everol McKenzie to drop his weapons. The now deceased continued to advance towards Constable with the machete still held in a chopping position. Constable retreated until he was against the fence and in fear for his life pulled his service pistol and fired two rounds in the direction of the now deceased who fell to the ground still clutching the machete. He was rushed to the Port Antonio Hospital where he was pronounced dead by Dr. Thin at 1:10 p.m. He was identified as Everol McKenzie o/c Ernie, 43 years old of the same address. There is no evidence to negative the police claim to self- defence. The Commission respectfully recommends that no criminal charges be laid or disciplinary action be taken against the concerned officers in relation to the fatal shooting of Everol Mckenzie. The file be forwarded to the Special Coroner. No Charge COMMISSION’S REPORTS DISTRIBUTION LIST SPANNING February 1, 2018 – February 28, 2018

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Page 1: COMMISSION’S REPORTS DISTRIBUTION LIST SPANNING …

Category Complainant/

Victim

Case Summary Recommendations

Fatal Shooting Othniel

Robinson

On Thursday June 18, 2015, at about 8:39 p.m. Othniel Alphanso Robinson was fatally shot by police officers

from the Central Police Station whilst on mobile patrol and seized an illegal firearm. It is reported that officers

were on mobile patrol duty. While driving on Harbour Street two men were seen which aroused the suspicion of

the police. The said men on seeing the police ran off, pulled their firearms and opened fire at the police. Cons.

fired five (5) rounds from his M16 rifle in the direction of said man. One of the men was shot and injured and a

firearm was recovered from said injured man. The injured man (now deceased Othniel Alphanso Robinson) was

taken to the Kingston Public Hospital where he was pronounced dead. Later on at the Kingston Central Police

Station, the other man who was allegedly with the now deceased, was captured by the police.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken

against any of the concerned officers in

relation to the fatal shooting of Othneil

Alphonso Robinson. The file be

forwarded to the Special Coroner.

No Charge

Fatal Shooting Everol

McKenzieOn Sunday the 18

th day of May 2014, about 1:00 p.m. a police party went to the home of the now deceased Everol

McKenzie to apprehend him as he was a suspect in a case of Malicious Destruction of Property. On approaching

the premises, the now deceased was seen, he looked in their direction, ran into his house and locked himself

inside. The police called for him to exit his house but he refused. He eventually came out with a machete and a

piece of steel and he advanced towards Constable who was nearest to him. Another Constable pulled his service

pistol and fired two (2) warning shots to try to get the now deceased Everol McKenzie to drop his weapons. The

now deceased continued to advance towards Constable with the machete still held in a chopping position.

Constable retreated until he was against the fence and in fear for his life pulled his service pistol and fired two

rounds in the direction of the now deceased who fell to the ground still clutching the machete. He was rushed to

the Port Antonio Hospital where he was pronounced dead by Dr. Thin at 1:10 p.m. He was identified as Everol

McKenzie o/c Ernie, 43 years old of the same address. There is no evidence to negative the police claim to self-

defence.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken

against the concerned officers in relation

to the fatal shooting of Everol Mckenzie.

The file be forwarded to the Special

Coroner.

No Charge

COMMISSION’S REPORTS DISTRIBUTION LIST SPANNING February 1, 2018 – February 28, 2018

Page 2: COMMISSION’S REPORTS DISTRIBUTION LIST SPANNING …

Fatal Shooting Mark

Hutchinson

On Friday July 15, 2011 at approximately 4:20 a.m., Mark Hutchinson o/c Rambo was fatally shot by police

officers when the police went to his house to serve a warrant to search his home at Hellshire Beach Portmore, St.

Catherine. A team of police officers from the St. Catherine South police division conducted a special operation in

Hellshire, St. Catherine. Acting on information the team armed themselves with a search warrant and proceeded

to the home of Mark Hutchinson on the Hellshire Beach, Portmore, St. Catherine. The police reported that upon

entering the premises they were greeted by gunfire when one of the bullet hit Constable in the chest area of his

ballistic vest. Hutchinson was seen standing inside the house when officers returned fire hitting him in the region

of his upper body and he fell. A firearm was recovered from him and when examined was found to be one (1) colt

.38 revolver serial number erased loaded with three (3) .38 rounds and three (3) .38 spent casings and one (1)

warhead. Hutchinson was taken to the Spanish Town Hospital where he was pronounced dead. The body was

then removed to Roberts Funeral Home for post mortem examination. There is no evidence to negative the police

claim to self-defence.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken

against any of the concerned officers in

relation to the fatal shooting of Mark

Hutchinson. The file be forwarded to the

Special Coroner.

No Charge

Fatal Shooting Damion

Davis

On Thursday August 27, 2015 at about 4:30 p.m. officers from the Hunts Bay police station were on mobile patrol

along Espuet Avenue when on reaching the intersection with North Anderson Crescent they saw a man who acted

in a suspicious manner. When accosted he allegedly pulled a firearm and fired on the police who returned the

gunfire. The man was hit and taken to KPH where he was pronounced dead. Ms. AS visited the scene and stated

that she was on her way from church and walking through KPH when she saw persons looking at a man who was

shot and injured. She went to look at the man and realized that it was her son whom she identified as Damion

Davis. A .357 Smith and Wesson revolver with 3 live rounds and 3 spent casings was recovered from the scene.

There is no evidence to negative the police claim to self-defence.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken

against any of the concerned officers in

relation to the fatal shooting of Damion

Davis. The file be forwarded to the

Special Coroner.

No Charge

Fatal Shooting Richard

Howell

A police team was under heavy gunfire in the Rivoli/Lauriston area of Spanish Town. That team had to be rescued

by support units from both the JCF and the JDF. Arising from that incident, on Thursday the 8th

day of December,

2011 at about 5:30 p.m. a team of police officers were on mobile patrol in the Monk Street area of Spanish Town

when they received information that one of the gunmen now deceased Richard Howell who had earlier engaged

the police in a shootout was at a named premises. On arrival at premises on Monk Street, the Police encountered a

girl who reportedly told them that she had been raped by a man fitting the description of the person they were

searching for. The police went to investigate at this location they accosted Richard Howell who pulled a firearm

from his waist band and opened gunfire at the police. The police party took evasive action. He was subsequently

shot and a .38 revolver with four (4) shell casings and two (2) live rounds were taken from him. Richard Howell

was taken to the Spanish Town Hospital where he was pronounced dead by a doctor on duty. There is no evidence

to negative the police claim to self-defence.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken in

relation to the fatal shooting of Richard

Howell. The file be forwarded to the

Special Coroner.

No Charge

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Assault AKG On Monday, December 11, 2017 about 1:00 p.m. the complainant AKG was pulled over by police officers in Bull

Bay. His passengers were told to exit the 1991 Toyota Corolla he was driving. He was asked for his car papers

before the car was searched. The police officer asked for his car keys and he told him that his boss wanted to

speak to him. He said he did not want to speak to anyone and he told the police he could not give him the keys.

Two (2) more police officers joined the first officer and he was grabbed by the waist and hit three (3) times with a

baton. He was also kicked repeatedly. While being kicked he was speaking to his boss. He was then handcuffed

from behind. He was taken to Bull Bay Police Station in a police vehicle before going to Yallahs Police Station

where he received a ticket for operating a vehicle without road license. On repeated occasions since January 3,

2018 to February 6, 2018, the complainant expressed disinterest in the matter being investigated. He officially

signed a Withdrawal Form on February 6, 2018 expressing his desire for no further investigation to be conducted

regarding the matter.

 The file is closed as the complainant is

unwilling to continue the matter. It is

hereby recommended that no criminal

charges be laid or departmental action

taken in respect of this complaint.

No Charge

Assault AM    On March 28, 2014 the complainant AM alleged that two police officers entered the store that he was employed

located at Pier View Complex, Ocho Rios and assaulted him. He stated that he witnessed two police officers

assaulting a man and attempted to record it on his cellular phone. He stated that the police officers held him

against his will, inside the store assaulted him and took away his phone. The phone was returned to him at the

Ocho Rios Police Station after he went there and retrieved it. The complainant requested that the police officers

return to his place of employment and apologized to him. Mr. M posited that the police officers subsequently

issued him with an apology and as a result he is no longer interested in pursuing his complaint to INDECOM. Mr.

M wrote a letter to INDECOM informing of the apology that was issued to him and his desire not to pursue his

complaint any further.

The file is closed as the complainant is

unwilling to continue the matter. It is

hereby recommended that no criminal

charges be laid or disciplinary action

taken in respect of this complaint.

No Charge

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Fatal Shooting Alvin Stern

& Jeavon

Moore

On Saturday August 17, 2013, at about 5:30 a.m., Alvin Stern o/c “Didi Rass” and Jeavon Moore o/c “Tee Jay”

was shot and killed during an operation in the Kingston Western Division. It is reported that a team of members of

the JCF and members of the JDF were conducting special operation in the Denham Town area in search of wanted

persons, stolen properties and illegal weapons. During the operation a team of six (6) police personnel went to

premises on Chestnut Lane. On arrival at the premises members of the team knock on the gate which was closed

and shouted police and proceeded to open it, when they were about to enter the premises, when Alvin Stern

pushed open a door and ran from inside a room with an object resembling a rifle in his hand and ran towards the

rear of the premises. The officers gave chase and the man jumped over a fence and ran onto an adjoining premises

located at Regent Street, where Jeavon Moore who was inside that premises opened gunfire at the officers. The

officers quickly took evasive action and Cons. who was in front opened gunfire from his service MP5 at him,

hitting him and he fell to the ground. Stern quickly sprung up from behind a wooden table with a rifle which he

used to open fire at the officers who again took evasive action and Cons. returned fire hitting him and he fell to the

ground. The officers then recovered one AK47 rifle loaded with a magazine and fourteen (14) live rounds 7.62

cartridges from beside Stern and a 9mm semi-automatic pistol loaded with an empty magazine from beside Moore.

Both injured men were rushed to the Kingston Public Hospital by the police where they were pronounced dead on

arrival at 5:35 a.m. There is no evidence to negative the police claim to self-defence.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken in

relation to the fatal shooting of Alvin

Stern and Jeavon Moore. The file be

forwarded to the Special Coroner.

No Charge

Fatal Shooting Nicholas

Freckleton

On Tuesday, October 22, 2013 about 12:30 a.m., patrons were in a bar when three men entered and held them up

at knife and gunpoint. It is alleged that one of the men pointed a gun at Constable who was off duty and a patron.

Constable challenged the men and they ran. Later that that morning it was discovered that men took an

unidentified man to the Linstead Hospital, dropped him off and drove away. It was discovered that the man was

shot and was pronounced dead. A few days later, Constableand other witnesses positively identified the man as

one of the persons who held them up. The unidentified man was later identified as Mr. Nicholas Freckleton.

There is no evidence to negative the police claim to self-defence.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken

against any of the concerned officer in

relation to the fatal shooting of Nicholas

Freckleton. The file be forwarded to the

Special Coroner.

No Charge

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Fatal Shooting Joel Wynter On Monday September 5, 2011 at about 7:30 p.m. Joel Wynter was shot and killed in an alleged shoot out with

the concerned officers at Corn Piece Settlement, Hayes, and Clarendon. The Police reported that they were acting

on information that men were seen in the area with guns. On the arrival of the Police they saw a group of about

three (3) men and accosted them, the men opened gunfire which was returned by the Police. The men ran in

different directions and when the shooting subsided an unidentified man was found suffering from gunshot

wounds to his upper body. One .45 Colt pistol with a magazine containing three rounds was found beside him.

He was taken to the May Pen Hospital where he was pronounced dead. The body of the deceased was identified

on September 7, 2013 as that of Joel Wynter by his sister. There is no evidence to negative the police claim to self-

defence.

  The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken in

relation to the fatal shooting of Joel

Wynter. The file be forwarded to the

Special Coroner.

No Charge

Fatal Shooting Horace

Manderson

On Thursday 24th day of January 2013 at about 1:10 p.m. Horace Manderson was shot and killed by the police on

5th Street off Marl Road Kingston. It is reported that the police received information from Police Control about a

spate of robberies committed by men travelling in a grey and black, Toyota, Mark II motor car. A marked police

unit from Kingston Central Police Division attempted to intercept the car. The car was signaled to stop but the

driver disobeyed the police instructions and shots were fired from the car. The police returned the fire. Other units

in the vicinity also engaged the motor car. A pursuit ensued after which the motor car crashed along the 5th Street

off Marl Road. Another shootout ensued during which one of the men was shot and injured. He along with the

other men who also suffered injuries were taken to KPH where he was pronounced dead. The other injured man

was treated and released in the custody of police officers. The third man was taken into custody. There is no

evidence to negative the police claim to self-defence.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken

against any of the concerned officers in

relation to the fatal shooting of Horace

Manderson. The file be forwarded to the

Special Coroner.

No Charge

Fatality Other Robert

Taylor

This report concerns the death of Robert Taylor who succumbed to injuries at the Kingston Public Hospital (KPH)

following an accident wherein he fell and hit his head. It is reported that at approximately 6:20 pm a man was

committing a robbery in the South Parade bus terminus when the police intervened. In a bid to escape, the man

reportedly ran into a parked JUTC bus, he then fell and hit his head on the layby. He was subsequently accosted

by the police and was taken to the Kingston Public Hospital where he died. The Post-Mortem Report indicates that

he died as a result of blunt force trauma to the head. Constables were the officers present when the incident

happened. The now deceased was purportedly carrying out a robbery of Constable’s girlfriend when the incident

transpired. No evidence has been uncovered which refutes the version of the concerned officers which is also

supported by girlfriend of Constable and the person who was being robbed.

  The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken for the death

of Mr. Robert Taylor. It is further

recommended that the file be forwarded

to the Special Coroner for the

consideration of whether or not an

inquest ought to be held into the death of

Robert Taylor and the unidentified.

No Charge

Page 6: COMMISSION’S REPORTS DISTRIBUTION LIST SPANNING …

Fatal Shooting Melvin

Johnson &

Javon Henry

This report concerns the deaths of Melvin Johnson and Javon Henry who were shot and killed by officers of the on

the 29th

day of June, 2013. The allegations are that two men, who were travelling on a motorcycle, robbed a

woman of her hand bag along Red Hill Roads. A radio transmission was issued through Police Control informing

them of the incident and giving them a description of the alleged perpetrators. Officers report that they saw a

motorcycle fitting the description given by police control. They allegedly intercepted the motorcycle which sped

away and subsequently engaged the officers in a shootout. During the shootout one of the men fell from the

motorcycle and a firearm was recovered from him. The second man was later found in a neighbouring community

suffering from gunshot wounds. They were both transported to the Kingston Public Hospital where they were

pronounced dead. This version is unanimously reported by all the officers; no contrary version was received.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken. It is further

recommended that the file be forwarded

to the Special Coroner for the

consideration of whether or not an

inquest ought to be held into the deaths

of the Javon Henry and Melvin Johnson

No Charge

Assault CM   Allegations are that on September 24, 2012 about 10:45 pm the complainant, CM, was driving his private vehicle

along the Morant Bay Main Road, when he was stopped by a policeman later identified as a Constable. He

recognized Constable as the same policeman who had stopped him two weeks prior. Cons. was also accompanied

by two other policemen. Mr. M alleges that he complied with the officers instructions and stopped his vehicle,

however, the officers behaved in an unprofessional manner and one of the officers in particular assaulted him with

pepper spray while he was sitting in his vehicle. He asserts further that the officer’s actions were unnecessary and

unprovoked. However, whilst Mr. M identified Constable as one of the officers who dealt unprofessionally with

him, there is no positive identification of the officer who allegedly pepper sprayed him nor was this officer

identified throughout the investigations. There is therefore no evidence upon which a charge may be laid against

any officer for the offence of assault.

  In light of the foregoing, it is

recommended that no criminal charges

be laid, or be taken against the Constable

or any member of the Jamaica

Constabulary force for the allegations

that they assaulted Mr. M. The

Commission recommends that Constable

be reminded of his obligations under the

Jamaica Constabulary Law

Enforcement Code of Ethics and the

Jamaica Constabulary Force Code of

Conduct to deal courteously and

respectfully with all citizens.

No Charge

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Assault AH     Mr. H states he had an altercation with his girlfriend as a result of which the police came to his house on the

16th

day of September, 2011 and assaulted him. He states that he recognized one of the policemen as Constable

from the Lucea Police Station whom he knew very well. The other officer he did not know but later learnt was

Corporal. Mr. H explains that when the officers came to his house he asked them what they wanted; the officer

responded by slapping him on his face and punching him twice in his belly. Constable then allegedly grabbed him

by his neck and squeezed it. He was then arrested and taken to the Lucea Police Station where he was again

beaten by Constable. He was charged with assaulting a police officer and subsequently found guilty of this charge.

The complainant was examined by a medical practitioner five (5) days after the incident happened but no obvious

injuries were observed. The complainant has further indicated that he is not interested in furthering his complaint.

  The Commission recommends that no

criminal charges be laid or disciplinary

action be taken.

No Charge

Fatal Shooting Vinroy

Butler     Mr. Vinroy Butler was fatally shot by the police on 12

th day of November, 2011 by a team of officers from the

Old Harbour Police Station. The officers all indicate that at approximately 1:20a.m. they were on special patrol

duties in the Old Harbour area when, on approaching a night club, they saw a man acting suspiciously. They

accordingly attempted to accost the man who ran unto the premises of the night club. The police gave chase to the

said man who then drew a firearm from his waistband and fired shots at the police. The police, in defence of their

lives, returned gunfire at the man who fled over a wall and unto nearby premises. The man was later found

suffering from gunshot wounds with a .38 revolver beside him. He was taken to the Spanish Town Hospital where

he was pronounced dead. No contrary version has been received.

 The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken for the death

of Vinroy Butler. It is recommended that

the file be forwarded to the Special

Coroner for his consideration of whether

an inquest ought to be held into

circumstances which led to the death of

Vinroy Butler.

No Charge

Page 8: COMMISSION’S REPORTS DISTRIBUTION LIST SPANNING …

Death in

Custody

Gauntlett

Redfin Mr. Gauntlett Redfin, an inmate at the Richmond Farm Adult Correctional Centre, died on the 3

rd day of

November, 2017 after a period of illness. It is reported that Mr. Redfin had been sick for some time and had been

seeing a doctor from 25th

day of February, 2017. On the 25th

day of October he was admitted to the Annotto Bay

Hospital, where he was released a few days later and again readmitted on the 31st day of October, 2017. Mr.

Redfin was recently diagnosed and died from complications therefrom. The Post Mortem examination and medical

records leading up to his death confirms this. No foul play was alleged or otherwise suspected in respect of Mr.

Redfin’s death.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken against any

member of the security force or against

any correctional officer of the Tamarind

Farm Adult Correctional Centre, present

on duty when Mr. Redfin died. It is

recommended that the file be forwarded

to the Special Coroner for his

consideration of whether an inquest

ought to be held into this fatality.

No Charge

Death in

Custody

Rohan

Anthony

Wildman

  Mr. Rohan Wildman, an inmate at the Spanish Town Police Station, died suddenly on the 28th

day of November,

2015. It is reported that Mr. Wildman sudden fell ill and was seen on the floor breathing heavily at about 2:45pm

on the day in question. He was immediately taken to the Spanish Town Hospital where he was pronounced dead at

3:02 p.m. The Post Mortem Report indicates that Mr. Wildman died as a result of Sepsis and Lumbar Pneumonia.

No foul play was alleged or otherwise suspected in respect of Mr. Wildman’s death.

   The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken against any

member of the Spanish Town Police

Station present on duty when Mr.

Wildman died. It is recommended that

the file be forwarded to the Special

Coroner for his consideration of whether

an inquest ought to be held into this

fatality.

No Charge

Page 9: COMMISSION’S REPORTS DISTRIBUTION LIST SPANNING …

False

Imprisonment

Assault

Fatal Shooting Odain

Campbell

On Sunday, March 24, 2013, at approximately 1:55 a.m., officers were patrolling the Whitfield Town community

of Maxfield due to reported gun violence. When they approached Fitzgerald Avenue, two men exited a motorcar

and ran unto a premises. The police pursued these men and a shoot-out occurred. The now deceased was found

suffering from gunshot wounds. The other man escaped. A .38 Smith and Wesson revolver was recovered as well

as six spent casings.

There is no independent account to challenge the concerned officers’ account.

In these circumstances, the Commission

recommends no criminal charges or

disciplinary action for the death of Odain

Campbell.

The matter is referred to the Special

Coroner for his consideration.

No Charge

Mrs. IB

o.b.o KB

The complainant, Mr. B, states that he is being continuously harassed by the police. He recalls that on two

separate occasions in 2010 he was arrested and detained for a day without being charged. On the 1st day of

September, 2011, he was arrested and detained by the police, to include “Mr. M” His house was also searched and

a quantity of marijuana found in his parents’ room. Nothing was however found in his room. He was placed on an

identification parade and thereafter released on the 7th day of September, 2011. Mr. B explains further that he has

a cousin, who looks like him and who is close to him in age who was involved in wrong doing and is an alleged

murdered. He believes that he is being harassed by the police because of his resemblance to his cousin. There are

no records to substantiate the alleged initial detentions of the complainant in 2010 nor was the complainant able to

remember any of the dates he was purportedly arrested by the police, as a result no officers were identified

concerning those detentions. However, in respect of the detention on the 1st day of September, 2011, the police

contend that Mr. B was arrested on reasonable suspicion of Shooting with Intent in relation to an incident which

happened in Linstead. He was however released as he failed to match the description of the suspect in the incident

It is respectfully recommended that the

Commissioner of Police: Be advised of

the Commission’s findings that the

complainant, Mr. KB: was unlawfully

arrested on the 1st day of September,

2011; was unlawfully detained for a

period of seven (7) days from the 1st day

of September, 2011 without being

charged and the issue of bail was

considered.

Disciplinary

Action

Page 10: COMMISSION’S REPORTS DISTRIBUTION LIST SPANNING …

Disciplinary

Action

• The complainant, TS alleges that:

On Friday, March 20, 2015, at approximately 3:30 a.m., he was a patron at a bar in Mandela Green, Green Island.

He was there with three of her friends. A man threw a bottle which hit him in the chest. He and his friends decided

to leave the bar. The complainant saw a marked police vehicle approaching them. This vehicle stopped in front of

the bar. There were two police officers inside the vehicle. He gives a description of both officers. He saw them a

car length away from him and looked at them for about three minutes. The officers began making enquiries of

persons present. The person who hit the complainant with the bottle was speaking to the police.

The complainant learnt that one of the officers was Constable. He went to the police and said to them, “Officer, I

am di one they fling the bottle and hit enuh and I am not in any violence.” The guy who flung the bottle at the

complainant then indicated that the complainant was the person “giving trouble”. Constable then grabbed the

complainant and took the complainant into custody. The complainant states that he did not resist the arrest. The

complainant contacted a friend on his cellular phone while being transported to the Green Island Police Station. At

the station, the complainant was not told why he was being arrested.

The complainant made a complaint to the station guard on duty. Constable told the complainant to desist from

making noise and and hit the complainant on the shoulder and elbow with a baton. The complainant was also hit

by him on his lower right leg. The complainant felt pain. One of the complainant’s teeth fell out when the officer

punched him in the mouth. This also caused the complainant’s phone to fall. The complainant requested that he

needed to go to the hospital and that he will be reporting Constable to INDECOM.

The complainant was treated at the hospital. Constable told the doctor that the complainant bit him on his right

finger. The complainant denies doing this. The station guard advised the complainant that there was a warrant for

his arrest. The complainant remained in custody until April 2, 2015.

In a further statement, the complainant indicates that the officer in the guard room saw Constable hit the

complainant. This officer is known to the complainant as “K”. Constable and another officer arrested the

complainant.

In these circumstances, the Commission

recommends no criminal action against

Constable of the Green Island Police

Station, however, the Commission

recommends to the Commissioner of

Police:

a) That a prima facie case exists that

Constable breached JCF Use of Force

Policy by using force in an excessive

manner;

b) Causes such internal disciplinary

proceedings as are fit and proper to be

instituted against Constable to determine

whether he committed the breach

described;

c) Advise the Commission whether such

proceedings will be instituted and if it

will, the contemplated nature of those

proceedings by Monday, May 28, 2018;

d) Where disciplinary proceedings in

respect of above is completed,

communicates the outcome of the

proceedings to the Commission within

fifteen days of its completion and

e) Be advised that the date of the

disciplinary proceedings is at the

Commissioner of Police’s discretion.

It is open to the complainant to seek civil

remedies for his broken tooth and

injuries.

TSAssault

Page 11: COMMISSION’S REPORTS DISTRIBUTION LIST SPANNING …

Assault KM • The complainant, KM alleges that:

He is a truck driver of his own motor vehicle. He had an incident on Saturday, July 27, 2013 at the Mandeville

Police Station. The complainant was seeing the concerned officer for the first time, however, he has known the

other officer for approximately a year.

The incident began shortly before 8 p.m. when the complainant was in Clarkes Town in Mandeville. He saw two

police cars drove up. The police told him and others present, “Hands up” and searched all the men. Officer

searched the complainant and then handcuffed him and placed him in one of the police vehicles. The complainant

was being escorted into the station by an officer and an officer in khaki. The officer in the khaki hit the

complainant in the mouth twice and said, “Yuh a par wid Clarkes Town man dem weh shoot afta me, yuh mus

know if yuh dutty mumma can save yuh.” This policeman then punched the complainant in the belly. The

complainant heard someone call the policeman in khaki by name. The complainant felt pain and had a cut on the

inside of his mouth, and pain in his belly.

The complainant was charged with Wounding and was bailed. The complainant was went to the doctor for

treatment.

In these circumstances, the Commission

recommends no criminal action or

disciplinary action against the concerned

officer of the Mandeville Police Station.

No Charge

• The complainant, TS alleges that:

On Friday, March 20, 2015, at approximately 3:30 a.m., he was a patron at a bar in Mandela Green, Green Island.

He was there with three of her friends. A man threw a bottle which hit him in the chest. He and his friends decided

to leave the bar. The complainant saw a marked police vehicle approaching them. This vehicle stopped in front of

the bar. There were two police officers inside the vehicle. He gives a description of both officers. He saw them a

car length away from him and looked at them for about three minutes. The officers began making enquiries of

persons present. The person who hit the complainant with the bottle was speaking to the police.

The complainant learnt that one of the officers was Constable. He went to the police and said to them, “Officer, I

am di one they fling the bottle and hit enuh and I am not in any violence.” The guy who flung the bottle at the

complainant then indicated that the complainant was the person “giving trouble”. Constable then grabbed the

complainant and took the complainant into custody. The complainant states that he did not resist the arrest. The

complainant contacted a friend on his cellular phone while being transported to the Green Island Police Station. At

the station, the complainant was not told why he was being arrested.

The complainant made a complaint to the station guard on duty. Constable told the complainant to desist from

making noise and and hit the complainant on the shoulder and elbow with a baton. The complainant was also hit

by him on his lower right leg. The complainant felt pain. One of the complainant’s teeth fell out when the officer

punched him in the mouth. This also caused the complainant’s phone to fall. The complainant requested that he

needed to go to the hospital and that he will be reporting Constable to INDECOM.

The complainant was treated at the hospital. Constable told the doctor that the complainant bit him on his right

finger. The complainant denies doing this. The station guard advised the complainant that there was a warrant for

his arrest. The complainant remained in custody until April 2, 2015.

In a further statement, the complainant indicates that the officer in the guard room saw Constable hit the

complainant. This officer is known to the complainant as “K”. Constable and another officer arrested the

complainant.

In these circumstances, the Commission

recommends no criminal action against

Constable of the Green Island Police

Station, however, the Commission

recommends to the Commissioner of

Police:

a) That a prima facie case exists that

Constable breached JCF Use of Force

Policy by using force in an excessive

manner;

b) Causes such internal disciplinary

proceedings as are fit and proper to be

instituted against Constable to determine

whether he committed the breach

described;

c) Advise the Commission whether such

proceedings will be instituted and if it

will, the contemplated nature of those

proceedings by Monday, May 28, 2018;

d) Where disciplinary proceedings in

respect of above is completed,

communicates the outcome of the

proceedings to the Commission within

fifteen days of its completion and

e) Be advised that the date of the

disciplinary proceedings is at the

Commissioner of Police’s discretion.

It is open to the complainant to seek civil

remedies for his broken tooth and

injuries.

TSAssault

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Assault DD • The complainant, DD alleges that:

On November 24, 2014, at approximately 5:20 p.m., he was travelling along Church Street in Montego Bay in the

parish of Saint James. After picking CW and her son, Mr. D was stopped by two police officers. Before being

stopped, “Blacka” told him that the police were coming so Mr. D drove off from where he was parked. One of the

officers who stopped him is Constable. He is stationed at Barnett Street. Mr. D learnt this from the traffic ticket.

Mr. D also provides a description of both officers.

The complainant indicates that motorists were complaining about the location that the officers stopped him. He

notes that Constable told him to stay where he (Constable) stopped him. However, the complainant moved his

vehicle to the left and parked. During that time, Constable had instructed the complainant to exit the vehicle with

his documents. The complainant indicated that when he was reaching for his documents, he felt a firearm pressed

against his neck. Constable then said, “Nuh stop mi fucking stop yuh! A lick wah lick dung police?” Constable

then reached through the window of the driver’s side and held on to the complainant’s collar. Constable was still

pressing the firearm against the complainant (with the other hand). Constable released the complainant after the

complainant indicated that he was coming out with his car documents. Constable indicated, “Yuh fucking lucky mi

never shoot. Yuh cyan deh lick afta police wid car?” The complainant asked, “How mi fi lick afta yuh wid car? Mi

just park di car.”

Constable gave the complainant two traffic tickets and returned the complainant’s car documents. The other

officer played no role in the incident.

In these circumstances, the Commission

recommends no criminal action or

disciplinary action against the concerned

officer of the Barnett Street Police

Station.

No Charge

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Disciplinary

Action

In these circumstances, the Commission

recommends no criminal charges against

the concerned officers of the Lacovia

Police Station or any other member of

the Jamaica Constabulary Force.

The Commission recommends to the

Commissioner of Police:

a) That a prima facie case exists that the

concerned officers of the Lacovia Police

Station omitted vital information during

the investigation into the death of Deon

Johnson;

b) Causes such internal disciplinary

proceedings as are fit and proper to be

instituted to determine whether they

committed the breach described;

The Commission recommends to the

Commissioner of Police:

a) That a prima facie case exists that

concerned officer of the Black River

Police Station breached section 11 of the

INDECOM Act;

b) Causes such internal disciplinary

proceedings as are fit and proper to be

instituted to determine whether he

committed the breach described;

The matter is referred to the Special

Coroner for his consideration.

On September 9, 2011, INDECOM launched an investigation into the death of a mentally challenged man who

was allegedly shot and killed in Lacovia, Saint Elizabeth on Saturday, February 19, 2011. The investigation

revealed that the name of the mentally challenged man was Deon Johnson otherwise called ‘Ram Puss’ and ‘Jet’.

He was shot by Corporal after Johnson attacked him with a machete. Other persons had previously made reports

that Johnson had attacked them on the same day.

There is no cogent evidence on which a jury would find that the concerned officer unlawfully killed Johnson. As

such, the matter is referred to the Special Coroner for his consideration.

Deon "Ram

Puss"

Johnson

Fatal Shooting

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Disciplinary

Action

In these circumstances, the Commission

recommends no criminal charges against

the concerned officers of the Lacovia

Police Station or any other member of

the Jamaica Constabulary Force.

The Commission recommends to the

Commissioner of Police:

a) That a prima facie case exists that the

concerned officers of the Lacovia Police

Station omitted vital information during

the investigation into the death of Deon

Johnson;

b) Causes such internal disciplinary

proceedings as are fit and proper to be

instituted to determine whether they

committed the breach described;

The Commission recommends to the

Commissioner of Police:

a) That a prima facie case exists that

concerned officer of the Black River

Police Station breached section 11 of the

INDECOM Act;

b) Causes such internal disciplinary

proceedings as are fit and proper to be

instituted to determine whether he

committed the breach described;

The matter is referred to the Special

Coroner for his consideration.

On September 9, 2011, INDECOM launched an investigation into the death of a mentally challenged man who

was allegedly shot and killed in Lacovia, Saint Elizabeth on Saturday, February 19, 2011. The investigation

revealed that the name of the mentally challenged man was Deon Johnson otherwise called ‘Ram Puss’ and ‘Jet’.

He was shot by Corporal after Johnson attacked him with a machete. Other persons had previously made reports

that Johnson had attacked them on the same day.

There is no cogent evidence on which a jury would find that the concerned officer unlawfully killed Johnson. As

such, the matter is referred to the Special Coroner for his consideration.

Deon "Ram

Puss"

Johnson

Fatal Shooting

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Conduct

Unbecoming

BA • The complainant, BA alleges that:

She wrote to INDECOM stating that she was at the Montego Bay airport on December 28, 2015 when she was

approached by a male and her passport was requested. An alarm then went off as the complainant was going

through the security line. The complainant explained that the metal in her knee may have set off the alarm. The

complainant then interfaced with a female who said that she was from the Narcotics Division. This female

requested a urine sample from the complainant and indicated that the complainant would not be allowed to leave

until she gives the sample. The complainant also stated that this woman threatened to arrest her. As such, the

complainant gave the sample. The woman also rubbed her hands through the complainant’s hair. The complainant

indicates that the woman was not wearing gloves and this was a concern for the complainant. None of the persons

gave their names and the complainant was dissuaded by the female to speak to the supervisor.

Eventually, the complainant spoke to a female who gave her name and stated that she was the supervisor and this

person indicated to the complainant that she would have proceeded in the same manner. Officer identified the

male as Constable, however, the other female (who conducted the search) did not state her name. no badge

numbers were given for any of these officers.

In these circumstances, the Commission

recommends no criminal proceeding or

disciplinary action.

It is open to the complainant to seek civil

remedies.

No Charge

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Harassment JM • The complainant, JM alleges that:

He is a higgler in the market. He does not indicate where this market is, however, he states that he has been selling

in the market for the past ten years. On August 12, 2011, at approximately 11:30 a.m., he was standing at the front

of the market with PB. The complainant indicates that he had no items selling at the time. An officer indicated that

he was going to the Parish Council to “mash up” their things in the market. He also told the complainant that if

there complainant is still in town, he is going to arrest the complainant and “plant gunshot” in the complainant’s

pocket.

The complainant saw this officer once before (on July 8, 2011) when the complainant was taken into custody for

being in possession of gold. On that occasion, the complainant remained in custody for six days. The complainant

alleges that he was charged for offences he did not commit.

The complainant states that he is concerned because he has to work in the town and the officer warned him that he

should not be seen in the town.

In a further statement, the complainant corrects the name of the officer. He also details being taken into custody

because he was in possession of marijuana.

In these circumstances, the Commission

recommends no criminal action against

the officer of the May Pen Police

Station.

No Charge

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Fatal Shooting Leroy

Henry, Jnr.

On Monday, June 3, 2013, about 9:05 a.m., Mr. RF was allegedly robbed in the vicinity of the Bank of Nova

Scotia, Claremont, Saint Ann by three gunmen who were travelling in a motorcar. The assailants left with an

undetermined sum of money.

A report was made to the Claremont Police Station. As a result, a number of officers went in search of the alleged

robbers, including the concerned officers. Detective Constable was ensued in gunfire with the alleged robbers.

Suspect TW o/c “Biggs” was taken into custody.

The search of the other two men continued onto Broad Street, Claremont. Detective Constable and Constable

encountered the alleged men who opened fire on them. Officer returned fire. One of the assailants escaped.

However, the other fell. Both officers went in pursuit of the gunman who escaped during which two gunshots were

heard coming from the direction which they came. Both officers returned to the direction where the gunshots were

heard and found an off duty police officer, with a gun in his hand and an injured man later identified as Leroy

Henry, Jnr. Mr. Henry was taken to the St. Ann’s Bay Hospital where he was pronounced dead.

It is difficult to prove who killed Mr. Henry as three officers indicated that they fired and nothing of ballistic

significance was recovered from Mr.Henry’s body. There is also no eyewitness account to deny or affirm the

police’s account.

In these circumstances, the Commission

recommends no criminal charges against.

The Commission hereby recommends

the following:

That the matter be referred to the Special

Coroner for his attention as to whether

an inquest ought to be held with the view

of establishing whether or not a murder

was committed.

No Charge

Fatal Shooting Cornel

Alphanso

Hall o/c Earl

The deceased, Cornel A. Hall was shot and killed at White Street, Kingston 13 on April 16, 2011. The police

claims the deceased pointed a firearm at them and as such had to fire to avert threat to life. The witness evidence

is that Hall was executed.

The Commission has found a prima facie

case with a reasonable likelihood of

convition to charge. Accordingly, its

recommended that the concerned

officers, mentioned are to be charged for

Murder.

Charge

Assault AW The complainant, AW alleges that she was assaulted by police officers at a supermarket opposite Oliver’s

Hardware in Clark’s Town, Trelawny on August 1, 2016.

The Commission hereby recommends

that no criminal charge or disciplinary

action be taken.

No Charge

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Assault DR The complainant, DR alleges that on May 4, 2012, while he was in the custody of the police on May 4, 2012 at the

Montego Bay Police Station, his arresting officer, used a baton to hit him in the back of his head. He lost

consciousness while he was in Cell 16, and was later found, on medical examination, to have sustained injury to

his cerebellum and brain stem. He is permanently disabled, and is unlikely to obtain or pursue gainful

employment.

The Commission hereby recommends

that the complainant be advised to

pursue his civil remedies in respect of

the injuries he received while in police

custody from May 4-5, 2012.

No Charge

Fatal Shooting Triston

Hunter o/c

Marlon or

Squaddie

The deceased, Triston Hunter, was shot and killed in the Brown’s Land Community, Kingston 11, St. Andrew on

May 30, 2014, in circumstances alleged to be self-defence. The Commission’s investigation of this matter did not

yield any evidence sufficient to negative self-defence, nor to afford a realistic prospect of conviction.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken in respect of

this incident.

The Commission further opines that this

matter ought to be forwarded to the

Office of the Special Coroner for him to

decide whether an inquest will be held.

No Charge

Fatal Shooting Creighton

Patrick

The deceased, Creighton Patrick was shot and killed during a shootout with the police. He and three (3) other men

had committed the aggravated robbery of a bus from its driver and conductor on November 13, 2011 in the vicinity

of Delacree Road. King Alarm Systems Limited and the police were notified. A joint tracking and pursuit of the

stolen bus revealed its location in 7 Miles Bull Bay. It was during its interception that Patrick, as driver of the bus,

received numerous gunshots. The two (2) injured men have since been charged for Shooting with Intent and Illegal

Possession of a Firearm.

The Commission hereby recommends

that no criminal charges be laid in

respect of this fatal shooting.

The Commission further recommends

that this matter be forwarded the Special

Coroner for him to decide whether an

inquest ought to be held.

No Charge

Assault CH The complainant, CH alleges that he was assaulted on July 24, 2015. While there is evidence of an assault, the

Commission, having considered all the circumstances, opined that the force used against his person was employed

to secure his submission to a lawful arrest, which he was resisting.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken.

No Charge

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Assault JC The complainant and his witnesses allege that on October 9, 2012, various acts of battery were committed by the

police on his person. He thereby sustained actual bodily harm. The Commission’s investigation aimed at

determining whether there was a prima facie case to charge with a realistic prospect of conviction. However, the

complainant’s death some two (2) months after the complaint was lodged has stymied the investigation.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken against any

member of the Jamaica Constabulary

Force in respect of this complaint.

No Charge

Assault SB The complainant is alleging that she was assaulted, and thereby sustained bodily harm to her neck, shoulder, and

back. The incident occurred along St. James Street on January 6, 2012. The complainant was charged, and pled

guilty to three (3) offences on January 19, 2012.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken in respect of

this complaint.

No Charge

Shooting

Injury

SH The complainant, SH, alleges that on June 28, 2015 she was shot and injured whilst she was walking along

Charles Street.

The respondents aver that they were attacked by a group of gunmen and had to return gunfire in the direction of

the gunmen in a bid to defend their lives. Once the gunfire subsided, they found the complainant suffering from

gunshot wounds.

It is hereby recommended that no

criminal charges be laid or disciplinary

action be taken in respect of this

complaint.

No Charge

Threat CY The complainant, CY, alleges that on February 28, 2012 he was at a party when he was assaulted and threatened

by a police officer.

The respondent contends that he was accosted by a group of men as a result of which he withdrew his firearm and

pointed it in their direction.

It is hereby recommended that no

criminal charges be laid or disciplinary

action be taken in respect of this

complaint.

No Charge

Threat AS The Complainant, AS, alleges that he was threatened by a police officer whilst he was detained at the Lucea Police

Headquarters.

The respondent asserts that he did not threaten the complainant.

It is hereby recommended that no

criminal charges be laid or disciplinary

action be taken in respect of this

complaint.

No Charge

Assault HR The complainant, HR, alleges that on February 28, 2014 he was assaulted by members of the Jamaica

Constabulary Force whilst he was at his shop.

It is hereby recommended that no

criminal charges be laid or disciplinary

action be taken against any member of

the Jamaica Constabulary Force in

respect of this complaint. The file is

hereby closed as unsubstantiated.

No Charge

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Assault CA The complainant, CA, was being detained at the St. Ann’s Bay Police Station. He alleged that he was engaged in

dialogue when he was attacked by Constable.

Constable contends that he attempted to search the complainant before he entered the cell block and the

complainant refused to allow same. He indicated that the complainant attempted to enter the cell block, without

being search, and he prevented the complainant from doing same by holding on to him. At this point, he asserts

that the complainant began hitting him and he had to use a baton to strike in his direction until he retreated.

It is recommended that no criminal

charges be laid in respect of this

complaint.

It is respectfully recommended that the

Commissioner of Police:

i. Be advised of the Commission’s

finding that a prima facie case exists that

Constable breached Section 14 of the

Use of Force Policy, and Section VIII(A)

of Chapter 23 of the JCF Standing

Orders (F.O. #2248; Use of Force).

ii. Causes such internal disciplinary

proceedings as are fit and proper to be

instituted to determine whether he

committed the breach described in the

preceding sub paragraph. Proceedings

ought however, to await the disposal of

the criminal proceedings.

Disciplinary

Action

Assault MS The complainant, MS, alleges that on December 26, 2012 and another occasion her son was assaulted by police

officers.

It is hereby recommended that no

criminal charges be laid or disciplinary

action be taken against any member of

the Jamaica Constabulary Force in

respect of this complaint.

No Charge

ChargeIt is recommended that criminal charges

of murder and perverting the course of

justice be laid against the concerned

officer.

It is respectfully recommended that the

Commissioner of Police:

(a) Be advised of the Commission’s

finding that a prima facie case exists that

officers breached sections 14 and 30 of

the JCF’s Code of Conduct.

(b) Be advised of the Commission’s

finding that Constable breached section

7(1) of the Preservation of Incident

Scenes and Evidence: Directions to the

JCF Pursuant to s. 22 of the INDECOM

ACT.

(c) Causes such internal disciplinary

proceedings as are fit and proper to be

instituted against both constables to

determine whether they committed the

breaches described in the preceding sub

paragraphs.

It is further respectfully recommended

that the Commissioner of Police formally

remind officers of their responsibilities

under the INDECOM Act regarding

scene preservation.

It is respectfully recommended that the

Solicitor General be advised of the

Commission’s finding that a prima facie

case exists that the concerned officer

breached Edwin George Brown’s right to

life.

Fatal Shooting SMB O.B.O

Edwin

George

Brown

In the late evening of June 6, 2017 Edwin George Brown (“the deceased”) was shot and killed by the concerned

officer near to the intersection of Caledonia Avenue and Old Hope Road in Cross Roads, St Andrew.

The deceased had, moments earlier, stolen bottles of olive oil from a nearby supermarket and was fleeing along

the roadway. Independent eye-witnesses indicated that the concerned officer used her private motor car to block

the deceased. When the deceased was standing by her car door, the concerned officer shot him. He was unarmed.

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Disciplinary

Action

It is recommended that criminal charges

of murder and perverting the course of

justice be laid against the concerned

officer.

It is respectfully recommended that the

Commissioner of Police:

(a) Be advised of the Commission’s

finding that a prima facie case exists that

officers breached sections 14 and 30 of

the JCF’s Code of Conduct.

(b) Be advised of the Commission’s

finding that Constable breached section

7(1) of the Preservation of Incident

Scenes and Evidence: Directions to the

JCF Pursuant to s. 22 of the INDECOM

ACT.

(c) Causes such internal disciplinary

proceedings as are fit and proper to be

instituted against both constables to

determine whether they committed the

breaches described in the preceding sub

paragraphs.

It is further respectfully recommended

that the Commissioner of Police formally

remind officers of their responsibilities

under the INDECOM Act regarding

scene preservation.

It is respectfully recommended that the

Solicitor General be advised of the

Commission’s finding that a prima facie

case exists that the concerned officer

breached Edwin George Brown’s right to

life.

Fatal Shooting SMB O.B.O

Edwin

George

Brown

In the late evening of June 6, 2017 Edwin George Brown (“the deceased”) was shot and killed by the concerned

officer near to the intersection of Caledonia Avenue and Old Hope Road in Cross Roads, St Andrew.

The deceased had, moments earlier, stolen bottles of olive oil from a nearby supermarket and was fleeing along

the roadway. Independent eye-witnesses indicated that the concerned officer used her private motor car to block

the deceased. When the deceased was standing by her car door, the concerned officer shot him. He was unarmed.

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Assault DS DS stated that he was at his brother's house when a police party came and he was assaulted by one of them. He

gave a description stating that the man was, "Black, low cut hair which is curly....one of his front teeth broken

off." He further stated that this man was wearing regulation # (partial number). He said that he heard the police

being called "Hot Head". He was later informed by someone of the police officer's name. Mr. S said he again saw

this policeman at the Port Maria Police Station when he went to visit his brother in custody there. Officer and the

complainant had an exchange leading the complainant to make a complaint. He was directed to INDECOM.

The matter is withdrawn and the case

closed without recommendation for

criminal charges or disciplinary action.

No Charge

Death in

Custody

Horace

BurthOn the 21

st day of April, 2017, Inmate Horace Burth of the Tower Street Adult Correctional Centre died whilst he

was admitted at the Kingston Public Hospital for treatment of a rare skin cancer, Non-Hodgkin’s Disease. Guard

on duty at the said hospital, entered Ward 2A where inmate Burth was located and was told by a nurse that he was

pronounced dead at about 7:18 p.m. A Post Mortem Examination attributed his death to complications of Non-

Hodgkin’s Lymphoma.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken against any

member of the Security Forces in respect

of Horace Burth death whilst in custody

at the Tower Street Adult Correctional

Facility on April 21, 2017.

No Charge

Death in

Custody

Donovan

HowardOn the 12

th day of March, 2017, the deceased and inmate at the Tower Street Correctional Institute, Donovan

Howard, was found by correctional staff with unusual vital signs whilst checks were being conducted in the

dormitory area. On recognizing that the inmate’s speech was slurred and that his feet were cold to the touch,

Correctional Officer informed the Personnel Office and made arrangements for inmate Howard to be transported

to the Kingston Public Hospital. Inmate Howard was pronounced dead at said about 7:30 p.m. that day whilst

undergoing treatment. A Post Mortem Examination attributed the death of the accused to chronic renal failure due

to hypertensive heart disease. The deceased was noted to have commenced weekly dialysis treatments for his

illness whilst incarcerated.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken against any

member of the Security Forces in respect

of Donovan Howard death whilst in

custody at the Tower Street Adult

Correctional Facility on March 12, 2017.

No Charge

It is recommended that criminal charges

of murder and perverting the course of

justice be laid against the concerned

officer.

It is respectfully recommended that the

Commissioner of Police:

(a) Be advised of the Commission’s

finding that a prima facie case exists that

officers breached sections 14 and 30 of

the JCF’s Code of Conduct.

(b) Be advised of the Commission’s

finding that Constable breached section

7(1) of the Preservation of Incident

Scenes and Evidence: Directions to the

JCF Pursuant to s. 22 of the INDECOM

ACT.

(c) Causes such internal disciplinary

proceedings as are fit and proper to be

instituted against both constables to

determine whether they committed the

breaches described in the preceding sub

paragraphs.

It is further respectfully recommended

that the Commissioner of Police formally

remind officers of their responsibilities

under the INDECOM Act regarding

scene preservation.

It is respectfully recommended that the

Solicitor General be advised of the

Commission’s finding that a prima facie

case exists that the concerned officer

breached Edwin George Brown’s right to

life.

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Fatal Shooting Ricardo

SappletonOn the 29

th day of September, 2011, the deceased, Ricardo Sappleton, was shot and killed after he and three (3)

other men opened fire at the said officer and his colleague, after they identified themselves as police officers.

Officer returned fire. After the shooting subsided, the deceased was found lying on the ground clutching a firearm

in his right hand and suffering from multiple gunshot wounds to the upper body. He was transported to the

University of the West Indies Hospital where he was pronounced dead. The mentioned firearm was recovered

whilst two of the four men successfully escaped apprehension by the police. One man was arrested however.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken in respect of

the fatal shooting of Ricardo Sappleton

on September 29, 2011.

No Charge

Death in

Custody

Lester

DonaldsonOn the 1

st day of March, 2014, Inmate of the Saint Catherine Adult Correctional Centre, Lester Donaldson, was

found lying injured in his cell after his involvement in a physical altercation with a fellow cell mate. He was

transported to the Spanish Town Public Hospital where he was pronounced dead by medical staff. A death report

relating to the deceased attributed his death to a single stab wound to his chest. An investigation into the incident

was conducted by the Spanish Town Police Station and Inmate charged with Murder.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken against any

member of the Correctional Services

Department in respect of Lester

Donaldson’s death whilst in custody at

the Saint Catherine Adult Correctional

Centre on March 1, 2014.

No Charge

Assault

False

Imprisonment

Threat

Assault

False

Imprisonment

No Charge

NH NH alleges that on April 29, 2010, at about 1:00 a.m., he was at home in the Tredegar Park community of St.

Catherine when police officers visited his premises, forcibly entered and unlawfully searched his home, assaulted

him, and stole valuable items from his house to include a gold necklace valued at approximately USD $700, a

bracelet, and a Samsung cellular phone.

It is recommended that no criminal

charges be laid or disciplinary action

taken against the concerned officer, or

any other member of the Security Forces,

in relation to this complaint.

No Charge

PF o.b.o. DF The complainant, DF, alleges that at about 6:00 a.m. on Saturday, the 13th

day of February, 2010, he was at his

residence with his parents P and FF and siblings K, S, A and D F and MC. On hearing a knock at the door and

commands from the police on the outside to open the door, Mr. F complied and was subsequently punched in his

stomach by a male police officer. His residence and yard were searched and upon the conclusion of the search, Mr.

F was told by Corporal G of the Mobile Reserve that a gun was found, that the gun was his (Mr. DF) and that he

would be charged for the firearm. He denied ownership of the gun. Mr. F further asserted that he was taken to the

Mobile Reserve, handcuffed to a fence and punched in his belly and face by Corporal. The said officer told him

that he would kill him that morning. The complainant was taken to the Half Way Tree Police Station where he was

locked up for about two or three days before being charged with the Illegal Possession of Firearm.

It is hereby recommended that no

criminal charges be laid or disciplinary

action taken in respect of this complaint.

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Harassment

Misappropriat

ion of

Property

Fatal Shooting Wayne

Graham

On June 9, 2014, shortly after 5:00 a.m., Wayne Graham was fatally shot in the vicinity of the intersection of

Eltham Boulevard and Brunswick Avenue in St. Catherine. The concerned officer was at home sleeping when he

was awakened by the noise of a motor car engine starting followed by loud noises from a car muffler which

sounded similar to the noises made by his Honda Civic motor car. He arose from bed and looked outside to

discover that his motor car was missing. He took up his ‘keep and care’ Glock pistol and police identification card

and ran outside in search of the perpetrator/s who stole his motor car whom he located along Brunswick Avenue

and accosted them. One of the suspects pointed a chrome revolver at him and opened fire. In fear for his life he

returned fire at the gunman who ran towards the front passenger door. Another male suspect then exited the car

from the front passenger door and the gunman continued to fire at him while running away from the scene toward

the Eltham High School. After the shooting subsided, he discovered the second perpetrator lying face down and

motionless on the ground who was subsequently taken to the Spanish Town Hospital where he was pronounced

dead.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken in

relation to the fatal shooting of Wayne

Graham.

No Charge

Fatal Shooting Cleon

Richards

On July 5, 2014, at about 1:30 a.m., Cleon Richards was fatally shot at Belmore Lane in St. Catherine by officers

from the Area 5 Operational Support Unit who were on mobile patrol in the Spanish Town police area. It is

reported that the concerned officers were patrolling along Williams Street in the Spanish Town area when they

heard gunshots coming from the direction of Belmore Lane. They parked the service vehicle along the roadway

and proceeded on foot along Belmore Lane to carry out investigations. While walking along Belmore Lane, they

observed a man exiting an open lot and walking onto the street with a firearm in his hand. The police accosted the

said man who then turned around, pointed the firearm at the police and opened gunfire. The concerned officers

quickly took evasive action and returned fire in the direction of the said gunman who ran off but fell to the ground

a short distance away. After the shooting subsided, the police cautiously approached the fallen gunman who

appeared to be suffering from gunshot injuries. The police recovered a ‘Taurus’ 9mm pistol from the injured

gunman who was rushed to the Spanish Town Hospital where he succumbed to his injuries whilst undergoing

treatment.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken in

relation to the fatal shooting of Cleon

Richards.

No Charge

NH NH alleges that on April 29, 2010, at about 1:00 a.m., he was at home in the Tredegar Park community of St.

Catherine when police officers visited his premises, forcibly entered and unlawfully searched his home, assaulted

him, and stole valuable items from his house to include a gold necklace valued at approximately USD $700, a

bracelet, and a Samsung cellular phone.

It is recommended that no criminal

charges be laid or disciplinary action

taken against the concerned officer, or

any other member of the Security Forces,

in relation to this complaint.

No Charge

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Fatal Shooting Davion

Morris

On November 30, 2013, at about 9:40 p.m., Davion Morris was shot and killed along the Wiltshire Main Road in

Saint James, during an attempt by the said officer to apprehend the now deceased who was one of two perpetrators

who had robbed Mr. BS of his motor car at gunpoint. The concerned officer accosted the robbers and one of the

men opened fire at the officer forcing him to return fire in their direction in self-defence. After the gunman fled

the scene and the shooting subsided, the now deceased was discovered inside the driver’s seat of the stolen motor

car suffering from a gunshot wound to the head. He was transported to the Falmouth Hospital where he was

pronounced dead on arrival.

The Commission respectfully

recommends that no criminal charges be

laid or disciplinary action be taken in

relation to the fatal shooting of Davion

Morris.

No Charge

Unlawful

Seizure of

Property

SM SM alleges that he owns and operates a bar at Perth Road in Manchester. Sometime between July and October

2011, a group of about four or five police officers came to his place of business and confiscated alcohol and a

spirit licence which according to them was inauthentic.

The Commission recommends that no

criminal charges be laid or disciplinary

action be taken against the officer of the

Mandeville Police Station.

No Charge

Fatal Shooting Glenroy

Anderson

On December 21, 2012, shortly after midday, Glenroy Anderson was shot and killed at his home in the Hendon

district of Norwood, St. James by police officers from the Mobile Reserve, during a joint police-military cordon

and search operation. It is reported that the concerned officers entered the target premises whereupon the now

deceased opened fire at them. They returned fire at the now deceased, injuring him. He was subsequently

transported to the Cornwall Regional Hospital where he was pronounced dead.

The Commission respectfully

recommends that No criminal charges be

laid or disciplinary action be taken in

relation to the fatal shooting of Glenroy

Anderson.

No Charge

Death in

Custody

Iforroy

Odinga Rose

o/c Ralston

Rose

Inmate at the Tower Street Correctional Adult Centre and the deceased, Iforroy Odinga Rose otherwise known as

Ralston Rose, was admitted to the Kingston Public Hospital (KPH) on the 11th

day of July, 2017, and remained

there until his demise on the 18th

day of July, 2017.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken against any

member of the Security Forces or

Department of Correctional Services in

respect of Iforroy Odinga Rose’s death

whilst in custody at the Tower Street

Adult Correctional Centre on July 18,

2017.

No Charge

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Fatal Shooting Carrington

Edwards Allegations are that on 10

th day of July, 2015, Carrington Edwards otherwise known as ‘Christmas’, was fatally

shot and killed after he allegedly fired at the officers who were investigating a report concerning an Illegal

Possession of Firearm and Shooting with Intent. On the conclusion of shootout, the deceased was placed in a

police service vehicle and transported to the Spanish Town Hospital by other police personnel. After proceeding to

the Spanish Town Police Station, a black police service vehicle entered the Station’s compound and informed that

the man had been treated at the mentioned hospital and released back into police custody to be remanded. The man

was assisted into another service vehicle. On observing that the man was unresponsive, the man was again

transported to the Spanish Town Hospital where he was pronounced dead by medical personnel. A medical

certificate dated the 10th

day of June, 2015, relating to the deceased was obtained from the Spanish Town

Hospital.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action be taken in respect of

the fatal shooting of Carrington Edwards

on June 10, 2015.

No Charge

Malicious

Destruction of

Property

Shooting

Injury

Conduct

Unbecoming

Misconduct in

Public Office

No Charge

No Charge

SF The complainant, SF, alleges that the police officer who conducted investigations into the death of her brother and

shooting incident at her Aunt’s house neglected his duty and acted in an unprofessional manner. The respondent

contends that he executed his required duties and acted professionally when he dealt with the complainant. 

It is hereby recommended that no

criminal charges be laid or disciplinary

action be taken in respect of this

complaint.  

GF The complainant, GF, alleges that on the 2nd

day of March, 2011, he was at the Fisherman’s Beach at Mammee

Bay in the parish of Saint Ann for the purpose of test-riding his jet ski. After so doing and whilst sitting on his jet-

ski partly parked on the shore, a police officer rode up on a jet ski and fired shots at a van and at his jet ski, whilst

he was still sitting on it. His jet ski was damaged as a result of the officer’s actions. The police account posit that

the concerned officers, were dispatched in relation to a report from the RIU hotel in St. Ann that illegal jet ski

operators were harassing tourists and selling drugs. Constable posited that he was knocked from the police jet ski

and almost killed by an illegal jet ski operator whilst he was in the water. On the rider’s repeated attempt to hit

him using the jet ski, he withdrew his service weapon and discharged several rounds in the direction of the man’s

jet ski.

The Commission hereby recommends

that no criminal charges be laid or

disciplinary action taken in respect of

this complaint.

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Unlawful

Seizure of

Property

PS The complainant, PS, alleges that on January 6, 2011 his vehicle was unlawfully seized when a police officer

accused him of operating his vehicle as a robot taxi when in fact he was not doing so. 

It is hereby recommended that no

criminal charges be laid or disciplinary

action be taken against any member of

the Jamaica Constabulary Force in

respect of this complaint.

No Charge