Defence Questions Gun Shot Residue Evidence

March 24, 2011

antonio-myers-23During the Supreme Court murder trial of Antonio Myers this morning [Mar.24], an expert testifying for the defence said that the Gun Shot Residue [GSR] evidence does “not assist in the finding that Antonio Myers is connected to the shooting of Kumi Harford.”

30-year-old Kumi Harford was killed at around 5am on St. Monica’s Road on December 5th, 2009, when a hail of bullets struck his car as he was driving home. Antonio Myers was arrested in 2010 in connection with the murder.

During the trial, a Police officer identified Mr Harford as a high ranking member of the 42nd gang, and Antonio Myers as a high-ranking member of the Middletown gang.

An expert testified that evidence determined that two shooters were involved and that two guns were involved; one a 9mm pistol and the other was a 40 calibre weapon. Both guns have been linked to numerous other shootings.

UK GSR expert Dominic Miller, who say that he usually gives evidence for the Crown in the UK, today gave evidence for the defence in the trial of Antonio Myers.

He said that the UK uses a scale that treats the finding of 1-3 GSR particles as Low Level and is not relied on as it does not necessarily mean a direct association with a gun being fired; 4 -12 GSR particles as Moderate Level unlikely to be found without an association with a gun being fired or being in close proximity; 13 – 49 GSR particles as High Level coming from a gun being used in close proximity; and 50 on up being Very High Level.

Asked by defence lawyer Jerome Lynch, QC, to give his conclusions, UK expert Mr Miller said that in his opinion, the “finding of three particles does not assist in the finding that Antonio Myers is connected to the shooting of Kumi Harford.”

This defence evidence and conclusion is still due to be examined by Mr Carrington Mahoney who acts for the Crown.

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Comments (14)

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  1. GPS says:

    UUMM…AREN’T GUNS ILLEGAL IN BERMUDA…UNLESS YOU SHOOTING WITH THE BDA REGIMENT OR SIGNED UP AT THE LOCAL GUN CLUB….WHAT GUNSHOT RESIDUE DOING ON YOUR CLOTHES PERIOD?!?…..IT JUST DIDN’T FLOAT ACROSS THE SKY DURING THAT LAST FULL MOON….

    LAWYERS CRACK ME UP WITH THIS DEFENSE MECHANISM

    • Legal Eagle says:

      Actually, studies have shown that GSR can be found on trains, buses, in public bathrooms, doorknobs , etc. That is why only moderate to high levels are relied upon. In the America the FBI do not rely on GSR anymore because it is unreliable in proving someone fired a gun unless the levels are very high. It is also easily transferred from surface to surface.

      In places like USA and England (where the studies of public places were done)low levels of GSR can be found in many places AND on people who have not fired guns.

      • N/A says:

        Yea but thats in America and Britain were certain people have the right to own guns and guns are more easily available, meaning that any person could have access to a gun. That is NOT the case in Bermuda as guns are illegal and not readily accessible, meaning even if someone has low level traces of GSR on them, its more than a good chance that that person had recently fired a gun! Even our police officers just started carrying guns.

        • Legal Eagle says:

          Yes but we are talking about countries that are comprised of hundreds of thousands of square miles as compared to our 21 (only 15 or so of which are actually inhabited).

          Yet, within this small locality we have had incidences of firearms being discharged lawfully and unlawfully how many times? And not to mention that some areas within this small crucible have seen more than their fair share of gun activity (Pembroke and Sandys).

          This place is probably teeming with GSR! Its probably on the money you handle, or the bus you rode this morning, or the doorknob at Pheonix for goodness sake! One or two lone particles? Show me a guy with forty particles on his right hand and I will say he fired a gun…show me a person or an item with one or two particles and I will show you the potential for a misleading conclusion.

          Suppose your son/daughter/niece/nephew was condemned because of two particles he/she picked up when getting a ride in his/her mates car?? Would you be so sure and righteous then?

  2. Unbelievable... says:

    Let me guess, he was out deer hunting? Is that the next line of defense? SMH! Ridiculous.

    • GPS says:

      LMFAO!!….THESE STAY-AT-HOME GANGSTERS JUST LOVE PAYING LAWYER FEES DON’T THEY

      JUST IMAGINE IF THEY USED THIS DRUG MONEY TO TRAVEL THE WORLD AND SEE THAT IT’S MORE TO LIFE THAN A STREET CORNER IN BERMY TOWN!!!

      • Grizz says:

        are you sure he’s paying…..might be legal aid, in that case, WE ARE PAYING..so sad

  3. not much time at all says:

    No its not Lawyer fees its called Finaicial AID or Court Services , LOFL !!!! Cause thy can NOT AFFORD A QC.. These QC’s get in by local lawyer firms, which the defendant gets Court Services, if their parent can afford partial payment, Court Services will help that defendant with their fees.

  4. not much time at all says:

    Remember dude was sleeping on his mama’s couch and going from girl friend to girlfriend house at nite. Thy cant even afford a damn bed to sleep in … Thy cant even turn drugs right in order to lawyer UP !!!!

    • GPS says:

      It’s sad that these guys claim to be so hard but yet MOMMA still baby-fy-ing them.

      And the young dumb girls that fall for this type….I would never overstand :-|

    • Insanity says:

      Geez – supposed high-ranking member and has to sleep on his mom’s couch? I thought one of the reasons for getting into gangs was to make easy money? Going to have to rethink my five year plan now.

  5. Bigus says:

    Well if you needed a clearer picture of whats wrong with Bermuda and its young black male its right here.

    Young man, unemployed, sleeping in between mothers and girlfriends (multiple houses you know hes a Playa) obviously doesn’t contribute to either household but can travel to Jamaica.

    Hold on it gets better dis I hear her say “she went to check up on him” what he wets himself or something???? yet she has no knowledge that he is a gang member??? Well my uncle used to say show me your company and ill tell you what you are.

    The problem with many of Bermudas young black men are their mothers plain and simple I wish those in the neighborhood had the wherewithal to run them out of town.

  6. Downderoad says:

    So sad we pay when they get hurt & when they go to court. :-(

  7. Fed Up Bermudian says:

    GSR didn’t get there from any other reason, folks. Any amount should be significant. How about this- why not test the clothing of some folks we KNOW weren’t handling guns just to test the theory of GSR showing up in small amounts in common spaces? Let’s test…I dunno- the local priest, a bus driver, a doctor at the hospital, etc.- preposterous that it’s ‘insignificant’. So let me get this straight- we’ve borrowed America’s venerable gangsta culture and now we’re adopting their legal system as well? Perfect. See how well it’s worked for them? Why would anyone want to visit here- it’s not another world at all. It’s downtown Detroit with some pretty beaches.