Gian Guerra

The Supreme Court has resumed its work after a few weeks of closure because of the COVID-19 lockdown and today, several bail applications were heard. Gian Lee Guerra, charged for the October 2015 murder of Belize Defence Force soldier Rafael Abel Rivas in Orange Walk, was today granted bail in the sum of forty thousand dollars.  Attorney Oscar Selgado successfully argued that Guerra has been on remand for almost five years since he was charged and Crown Counsel Sheneiza Smith made no objections to the granting of bail. Justice Herbert Lord granted Guerra bail, but he must report to the Police Station three times for the week until the case is complete. Rivas was stabbed multiple times during a bar fight in Orange Walk Town and subsequently died.  Guerra had appeared before Justice Antoinette Moore prior to the closure of the Supreme Court to apply for bail, but he could not be considered because he did not have a defense attorney at that time to apply on his behalf.

Also in the Magistrate’s Court, a man, who is accused of attacking and stabbing another man last month, was charged and arraigned with Dangerous Harm. But he is home tonight, because Mark Gentle was granted and met bail.  The charge against Gentle follows an incident shortly on the evening of April thirtieth, which left Lorenzo Garbutt with a stab wound to the lower right side of the back.  Garbutt told police that he was walking through Cadle’s Alley towards his house on Victoria Street, but as he reached the junction, Gentle, whom he has known for the past nine years, attacked him with a knife and inflicted the stab wound.  Gentle’s bail was given on the condition that he does not interfere with the complainant.  The case was adjourned to July seventeenth.

Dale Saragosa

Two persons, charged jointly in connection with the discovery of sixteen pounds of marijuana, today appeared in the Belize City Magistrate’s Court where they were granted and met bail in the sum of five thousand dollars each, plus one surety of the same amount.   Dale Saragosa and Sharen Thompson are charged with Possession of a Controlled Drug with Intent to Supply to Another after a search of their residence at mile two and a half George Price Highway last Thursday resulted in the discovery of the weed.

Sharen Thompson

The prosecution did not object to bail and attorney Oscar Selgado was successful in attaining bail for the couple. Saragosa and Thompson are to return to court on July sixteenth.

Jose Sosa

Jose Sosa, a Salvadoran construction worker was nabbed in Belize City this morning and when he failed to present documentation that he entered the country legally, he was escorted to the Magistrate’s Court.  That’s where Senior Magistrate Tricia Pitts-Anderson read him a charge of Failure to Produce a Visitor’s Permit, and found guilty.  Sosa was fined one thousand dollars plus five dollars cost of court, to be paid immediately.  He could not pay the fine and Immigration Officers transported him to the Hattieville Prison to serve six months imprisonment, which was the penalty for not paying the fine.  At the end of his prison term, Sosa will be deported to his home country.

Ulide Allen

Also in the court, the prosecution in the attempted murder trial of Ulide Allen, on instruction from the Director of Public Prosecutions, withdrew the charge against him before Magistrate Albert Hoare, last Friday.  Allen was accused of the 2019 attempted murder of Police Constable Leon Higinio when police intercepted them, presumably as he and an accomplice on a motorcycle were planning to carry out an armed robbery between Coney Drive and the Philip Goldson Highway.  The allegation was that when police ordered them to stop, Allen jumped off the motorcycle and pulled out a firearm and shot the officer.

Kafele Garcia is at home with his family tonight after he was found not guilty of murder today in a trial without a jury before Supreme Court Justice, Colin Williams. Justice Williams delivered the verdict after an adjournment, following closing submissions by Garcia’s defense counsel, Anthony Sylvestre.   Last Friday, Justice Williams did not allow the caution statement, which the prosecution presented as evidence on key bases, including that the police did not afford Garcia time to talk to his family, a lawyer, or a Justice of the Peace while they held him in detention.  In addition, Garcia was abused while in police custody.   The Lord’s Bank resident was on trial for the October 2015 stabbing murder of Ervin Franklin.  It was brought out in court that he was trying to part a fight when the deceased got stabbed.  Garcia told us today that he paid a steep price for trying to do good.  Now, he is all the wiser.

[Clip on Acquittal...]

Rafael Velasquez

Twenty-eight year-old Rafael Velasquez, an office assistant at a resort in San Pedro, was granted bail of eight thousand dollars today when he appeared with his attorney, Rene Montero, before Justice Herbert Lord in the Supreme Court.  Justice Lord stipulated that the accused is not to interfere or communicate with any of the prosecution witnesses, report to the San Pedro Police Station three times weekly and show up in Court for his case on August twentieth.  Additionally, he is not to go within one hundred yards of the virtual complainant or her mother, and is not to leave the jurisdiction without the permission of a Justice of the Supreme Court.  If he breaches any of these conditions, his bail will be revoked. Velasquez had been on remand for two counts of Unlawful Sexual Intercourse with a minor since his arraignment before San Pedro Magistrate, Deborah Rogers on May twentieth.

Guillermo Duarte

Guillermo Duarte, through assistance from attorney Hurl Hamilton, today secured bail from the Supreme Court in the sum of twenty-five thousand dollars in the form of property papers. Duarte is charged with the murder of sixty-three-year-old Edgar Aldana, who was hacked with a machete by one of two men who showed up while Aldana and two friends were socializing at his house in Selena Village, Cayo in April of 2016.  One of Aldana’s friends was also attacked, but he survived.  The other escaped unscathed. Today, Justice Herbert Lord granted bail, but with conditions. Duarte is not to interfere with any prosecution witness, he is also to report to the San Ignacio Police Station three times a week and he was ordered to surrender all travel documents to the Registrar.  Failure to comply with all of these stipulations will result in revocation of his bail.

Robert Reich

Robert Reich of the Channel Broadcasting Company is in trouble with the law in the United States; the businessman is being sued by DISH Network for appropriating copyrighted content owned by DISH Network. The U.S. television provider says it conducted an investigation last year and found that its content relating to X-View was being advertised and sold illegally on CBC’s website. As we have been reporting copyright compliance to protect intellectual property is the norm in the cable industry and big companies like DISH Network are closing in on piracy. Reich is believed to have been targeted because of his U.S. address. Five’s Isani Cayetano has the following report.

Isani Cayetano, Reporting

Local broadcaster Robert Reich, executive director of Channel Broadcasting Corporation, is facing litigation in a United States court, following a preliminary injunction of CBC’s X-View platform.  The lawsuit against Reich is being brought by DISH Network Corporation, a U.S. television provider based in Englewood, Colorado.  In a nineteen-page affidavit filed in the United States District Court for the Southern District of Florida, Fraud Investigations Manager Kevin Gedeon, who works for DISH Network, charges that CBC has been involved in a new form of piracy using Internet Protocol Television streaming services.  By capturing live broadcast signals and transmitting the content over the internet, the Belize City based cable and internet service provider has allegedly been appropriating copyrighted material belonging to DISH Network.  In a written version of the sworn statement provided by Gedeon, he states that as part of an investigation into various IPTV pirate streaming services, DISH Signal Integrity became aware of X-View which was being advertised and sold on CBC’s website.  The issue of piracy stems from the illegal transmission of DISH Network’s intellectual property which is being sold to customers who pay illicit subscriptions to the company.  While the court has since ordered an immediate freeze of CBC’s assets, Reich filed a motion to disprove the action against him, referring to inconsistencies between both jurisdictions.  That motion, however, was promptly dismissed.  As a result, Reich is now facing hundreds of breaches of the United States Code which carry statutory damages ranging between one thousand and ten thousand U.S dollars for each violation of the first section and up to one hundred thousand U.S. dollars for offenses committed for financial gain.  CBC has been in operation since 1992 with a customer base that has grown to over five thousand subscribers.

Elvin Penner

Earlier today, a bench warrant for the arrest of disgraced former minister Elvin Penner was issued by the Supreme Court after he failed to show up in court to answer to a charge of manslaughter by negligence.  In June 2017, the erstwhile U.D.P. Northeast area representative knocked down and killed Kenrick Myvette, a security guard from Unitedville who was riding a bicycle along the George Price Highway.  According to Penner, he has attended previous sessions and admitted to his absence on the last court date.  He told News Five that the issuance of a bench warrant is entirely up to the magistrate, notwithstanding the reasons given.  He is scheduled to return to court in Belmopan on Tuesday morning.  Penner initially appeared before former Magistrate Hurl Hamilton where he was arraigned for manslaughter by negligence, causing death by careless conduct and drove motor vehicle without due care and attention.

Kashawn Gentle

Kashawn Gentle, a stevedore from Caesar Ridge Road in Belize City, is behind bars awaiting trial again, after he violated the terms of his bail and the bail was revoked. Gentle, was awaiting trial for being a member of a criminal gang on August eighth, 2019, along with two others.  Police allege that Gentle is a member of the Southside Gangsters. He managed to secure bail and was out up until he reportedly got embroiled in a domestic dispute with a woman and ended up getting charged with Harm.  On Friday, the paperwork for the revocation came up at the Supreme Court and Gentle was remanded.  He, however, was taken into custody long before that because the conditions of his bail stipulated that if he were to be charged with any other offence while awaiting trial for the charge that was already before the courts, his bail would automatically be revoked.

Elvin Penner

Former minister Elvin Penner appeared in magistrate’s court in Belmopan this morning after being a no-show on Monday morning.  Penner’s absence resulted in the issuance of a bench warrant for his arrest.  As we’ve reported, the former disgraced Cayo Northeast Area Representative was charged in June 2017 following a fatal road traffic accident that claimed the life of Kenrick Myvette, a resident of Unitedville.  According to Penner, he could not make Monday’s session for personal reasons which were subsequently explained to the court.  He told our colleague from Plus TV at the end of the hearing that he did not take scheduled appearance lightly and that he was reminded by the magistrate that he must attend all remaining dates.

Elvin Penner, Charged with Manslaughter by Negligence

“I was always aware of the gravity of missing a court date and hence I don’t think anybody would be stupid enough to think that I would purposely didn’t come to court yesterday because if I would have wanted to skip the country or not be in court I’ve had three years to do so.  So I’ve come to every other court date and it was for personal reasons that I couldn’t come yesterday and I explained that to the magistrate and therefore the bench warrant was withdrawn and I was given a new date but I would like to, in this case, advise and make sure that everybody does know that when you have a court date, especially when you have a supreme court date, it’s nothing to be taken lightly.  It’s basically wasting the time of the court, it’s wasting the time of the attorney if the attorney is present.  So it’s nothing light and I didn’t take it light either but I had my reasons why I couldn’t make it and the judge did understand.  He again reminded me of the importance of showing up on a court date.  It’s interesting for me now that a simple bench warrant or a missing of a court date has made news this time.  I think this is probably another way where I am making history.”

A B.D.F. soldier has been taken to court for rape.  The matter reportedly happened a few days ago and the female officer made the complaint. This comes on the heels of a report of irregularities within the force. Tonight we can report that the accused soldier has been charged with rape. He is Margarito Pop, who has been in the force for more than ten years. The female soldier says she was socializing and then went to her room. She woke up to find she was being raped.

James Usher

Police constable James Usher of Belmopan is out on a thousand dollar bail after spending a night at the Belize Central Prison on Wednesday.  Usher met his bail on a charge of Damage to Property.  The officer is accused of breaking the glass door of the Immigration and Nationality Department’s Investigation section, situated at one and a half miles on the Phillip Goldson Highway that same day.

Michael Elijio

A man from the Stann Creek District is free tonight after he got bail on three counts of Rape of a Child – offences which he allegedly committed upon two little girls, ages nine and five. Michael Elijio is accused of committing the crimes between December of 2018 and January of this year.

Two men who are awaiting trial for separate murders were lucky to get bail today when they appeared before Supreme Court Judge, Justice Colin Williams to present their applications. Windell Thurton, who is charged for the January 2016 murder of Ian Blair at a home on Simon Lamb Street in Belize City, was today offered bail of twenty-five thousand dollars on the conditions that he is not to interfere with any of the prosecution’s witnesses, or be charged with an indictable offense before his trial ends, or leave the country without the permission of a Judge of the Supreme Court.  Meanwhile, shopkeeper, Filadelfio Arriaza also got bail of twenty-five thousand dollars while he awaits his trial for murder.   He is accused of beating thirty-six year-old Michael Pagett in front of a bar in Benque Viejo del Carmen in July of 2016. Pagett suffered severe wounds to his face and head and later died at the Karl Heusner Memorial Hospital. Arriaza must adhere to the same conditions as Thurton or he will lose the freedom he enjoys while he awaits his trial.

Margarito Pop

Belize Defense Force Sergeant Margarito Pop finds himself in all kinds of trouble after he was charged criminally earlier this week with the rape of one of his female colleagues at the B.D.F. military base at Price Barracks.  Now, based on the charge against him, the B.D.F. has applied to the Security Services Commission for Pop to be placed on interdiction, pending the outcome of the criminal case against him.  It is alleged that sometime around three o’clock on the morning of April twenty-first, the thirty-five year-old soldier went to the room of the thirty-nine year-old female soldier after they and others had spent a few hours socialising with hard booze at another area of the B.D.F. compound.  He reportedly found the door unlocked after the others had taken her to her room.  Pop is out on bail of five thousand dollars and must return before Magistrate Emerson Banner on August seventh, but the father of two suddenly finds his fourteen-year career hanging in the balance and hinged on a verdict that will be determined by the Supreme Court, when the matter reaches that stage. The charge against Pop comes just two days after a Ministry of National Security press release informed that a report has been completed following an investigation into allegations ranging from Extortion and Maltreatment to Sexual Assault and Sexual Advances by B.D.F. officers against several members of the B.D.F.’s last recruit intake.  While the investigation did not find any of the officers criminally liable, it did find that some were guilty of wrongdoing. Those officers will be taken before the B.D.F. Commandant for disciplinary action later this month.

Two cops are in trouble with the law and are facing charges of extortion. Police was quick to act and the officers were arraigned today in the Belmopan Magistrate’s Court.  Corporal Raymundo Carillo and Police Constable Marlon Triminius are accused of extracting one hundred dollars from a motorist who was not carrying on him a license. The complainant says he arranged to hand over the money to the cops on Sunday, but then reported the matter. Here is News Five’s Duane Moody with a report.

Duane Moody, Reporting

Two cops attached to the San Ignacio Police Formation are now on interdiction after they were jointly charged with one count of extortion. Corporal Raymundo Carillo and Police Constable Marlon Triminius were today arraigned in the Belmopan Magistrate’s Court.

Hurl Hamilton

Hurl Hamilton, Attorney-at-law

“They were arraigned on one single count jointly for the charge of extortion. They were granted bail in the sum of eight thousand dollars plus two sureties and they are to return back to court on the twenty-eighth of October this year. The charge of extortion as I understand it is by the use of force or cause one to be put in fear. They have received monies unjustifiably, from my understanding of what the charge of extortion is. Clearly, my clients deny that allegation. Actually it’s the sum of hundred dollars, the complainant is accusing both my clients to have received from him by way of a demand and putting the virtual complainant in fear. We deny those allegations of course.”

…but Corporal Carillo and PC Trinimius were intercepted at the Red Creek checkpoint on the George Price Highway after eleven o’clock on Sunday night with the cash.

According to the report, on Saturday, June sixth, fifty-two-year-old Gregoria Cumes left his home in La Gracia Village on a motorcycle and as he neared the Young Gyal area, he spotted a police pickup truck. Knowing that he did not carry the license for the motorbike, he rode into a yard to avoid the police. He was, however, pursued and when he could not produce the documents, the two officers demanded that he hand over one hundred dollars in exchange for his freedom. Cumes agreed to hand over the money on Sunday at four p.m., but later made a report to the Valley of Peace Police. That information was quickly forwarded to the Professional Standards Branch and a warrant for the arrest of the officers was issued. Officer Commanding San Ignacio Police Formation, Superintendent Henry Jemmott says crimes of dishonesty by officers under his command will not be condoned.

Henry Jemmott

Supt. Henry Jemmott, O.C., San Ignacio Police Formation

“Sunday night at the Red Creek checkpoint, police officers stopped PC Triminius and Corporal Carillo. They were searched, suspected monies were found with them, they were detained and then escorted to San Ignacio Police Station where the investigator came and dealt with them. They had already recorded statement to the effect and they were arrested and charged for one count of extortion. They were jointly charged and arraigned today in Belmopan Magistrate’s Court. Like I say, I am one of the O.C.’s that if you check my history, I am strict when it comes to the abuse of people’s rights, especially when it comes to extortion and any crimes of dishonesty. At one point in San Pedro, I had put over twelve officers on interdiction. I am up at five right now here in Cayo. Officers need to understand that they are there to protect the people and not abuse the people.”

Duane Moody for News Five.

David Valencia

One day after the vicious killing of U.S. national Robert Hurley, a man has been charged for his murder. Earlier this morning, the San Ignacio Police levelled the charge and by this afternoon session of the Magistrate’s Court in that jurisdiction, David Valencia was paraded up the stairs and arraigned for the crime. On the night of June ninth, Hurley and Sheldeen Evans were inside his bedroom sleeping when Valencia reportedly entered the room armed with a knife and attacked the couple. Evans was stabbed once to the back and survived, but Hurley was knifed multiple times and was later discovered dead on the bed. Valencia escaped from the area with the nine-year-old daughter he shared with Evans. News Five has confirmed that Valencia has given a caution statement and that charges for kidnapping will not be levelled on him because he is the child’s legal guardian. The incident is believed to have been motivated by jealousy. 

Henry Jemmott

Supt. Henry Jemmott, O.C., San Ignacio Police Formation

“Robert Hurley is the resident of the house and his common-law at the time, Miss Sheldeen Evans were socializing in the house. Also present downstairs was her ex-common-law which is one Mister David Alex Valencia.  He had been working at the residence as a handyman assisting around the yard. The night in question, the couple had retired to their room and he was left downstairs. Sometime around ten, ten-thirty thereabout, he made his way upstairs where he attacked Mister Hurley. Seeing this, the common-law tried to intervene where she sustained a cut wound as well. After which he then inflicted the wounds and made good his escape from the location. He took along with him one of his nine-year-old daughters while he was leaving. Police went into the area, we processed the scene, we did further search of the area and we maintained police vigilance within that area until daybreak.”

Valencia is to reappear in court on August twenty-fifth, 2020.

Ishelle Tablada

A second class clerk of the Belize Tax Service, who is charged with two counts of Possession of a Controlled Drug with Intent to Supply and who is attached to the Belmopan office, has been granted bail of ten thousand dollars.  Supreme Court Judge, Justice Colin Williams granted Ishelle Tablada bail on the conditions that she does not leave the country and reports to the Belmopan Police every Monday. Earlier this week, on Monday, Tablada was refused bail when she appeared in the Belmopan Magistrate’s Court, but her attorney, Hurl Hamilton was successful in getting her bail from the Supreme Court.  Tablada is to return to court on September thirtieth.