An alleged manslayer who was out on bail appeared in court today on new charges but tearfully told that the magistrate that police had the wrong man.
“I am an innocent man. I am not a thief and this is taking me away from my two children,” Dwayne Alister Marshall, of Jackson Main Road, St Michael told Magistrate Kristie Cuffy-Sargeant this afternoon as he was being escorted out of the No. 2 District ‘A’ Magistrates’ Court by prison wardens.
The 40-year-old steel bender is accused of using the threatening words “Shirley Hunte I gine kill you and your family” on December 22, 2018 with intent to cause Hunte to believe that immediate unlawful violence would be used against her.
He is also accused of using a cellular phone on December 23, 2018 to send the threat “I gine kill you and your family and you can tell the Commissioner of Police I said so.”
Marshall pleaded not guilty to the charges, as well as that of possession, possession with intent to supply and possession with intent to traffic cannabis on April 21.
He is also charged with entering the home of Kishmar Wickham as a trespasser and while armed with a gun, stole two cellular phones, a gold chain, a pair of gold bangles, a gold ring as well as $3,000 cash, a total value of $12, 299.
Sergeant Cameron Gibbons objected to bail for the accused based on the serious nature of the offences.
“With respects to the threatening words there is a need to protect the complainant . . . and the accused is presently on bail from this court,” the prosecutor said adding that there was a fear that the accused would re-offend if released on bail.
In applying for bail for her client attorney-at-law Angella Mitchell-Gittens argued that all her clients’ charges fell under the Theft Act “not withstanding that there was an alleged use of a firearm”.
She submitted that the Magistrates’ Court had the jurisdiction to grant bail on such matters.
“Look at his previous grants of bail and see that he appears when required to do so,” the veteran attorney told Cuffy-Sargeant.
However, the magistrate stated that while she had the jurisdiction to grant bail she was concerned about the aggravated burglary charge as well as the charge under the Computer Misuse Act and it was on that basis that she was denying bail for the accused.
Marshall was remanded to Dodds to return to court on May 22.