NASSAU, BAHAMAS — The appellate court yesterday quashed the conviction of Doyle Amaro Mackey, who was sentenced in 2019 to 35 years in prison for three counts of attempted murder.
Court of Appeal Justices Roy Jones, Milton Evans and Carolita Bethel ordered a new trial.
The essence of Mackey’s defense to the attempted murder charge was self-defense.
The appellate court said he was entitled to a proper direction of that defense with the proper application of evidence.
“The trial judge should make it clear to the jury that the test for self-defense is whether the defendant had an honest belief that he or someone else was in immediate danger of unlawful harm,” the court said.
“The importance of that is that the belief may be mistaken, but yet honest.
“The issue of reasonableness is relevant to the determination of whether the belief was honest, but it is not conclusive.
“Additionally, the determination of whether excessive force was used by the defendant must depend on the danger as the defendant honestly perceived it to be.
“In her summation, the learned judge did not make these points clear to the jury and thus the directions given were not adequate.”
The appellate justices said in absence of the jury being made to understand that the test to be applied for self-defense is that an individual may use such force as is reasonable in the circumstances where he honestly believes them to be in the defense of himself or another, “their verdict must be considered unsafe”.
According to the prosecution at trial, Mackey, a resident of New Providence, traveled to Freeport in November 2016 to meet with brothers Carlos and Carlton Hamilton under the guise that a 600-pound drug shipment was coming to East End, Grand Bahama, via Abaco.
However, the prosecution said this was a ploy to get the brothers to the isolated area and kill them.
It said Mackey, along with the brothers and a Joshua Williams, pooled money together to rent a van to transport the purported drugs, however, a Jermaine Ferguson was able to secure a van and was the driver of that vehicle.
The victims followed Mackey, who was driving a white Nissan Sentra, to McClean’s Town cemetery.
The prosecution said when the brothers exited the van, they were shot multiples times and died within minutes.
There were bullets holes at the back, left and right sides of the van.
The bullets injured both Ferguson and a John Edgecombe, who court documents said was also on the scene. They attempted to flee.
Mackey pursued and shot at Ferguson and Williams, shooting the latter in the face.
Edgecombe allegedly hid underwater.
Mackey and an unspecified passenger the court documents said was in the vehicle with him were pursued by police in the area of the bridge and eventually arrested.
But Mackey said he and the brothers were long-time friends and he was contacted by Carlos about the drugs and came to Freeport to assist.
He denied that he gave money towards the van, but admitted he drove the vehicle that the van followed to the scene.
He also denied luring the brothers to the scene to kill them.
He admitted that he shot at the driver of the van, but claimed it was in self-defense because after he heard gunshots, the van took off speeding directly towards him.
He denied shooting Williams and Edgecombe.
Additionally, Mackey denied he was a part of a joint enterprise.
Loading ...
