By LAMECH JOHNSON
Tribune Staff Reporter
A MAN who stood trial in the Supreme Court concerning a fatal shooting in Sunshine Park was acquitted of murder but convicted on the lesser charge of manslaughter.
The verdict came down late Wednesday evening when the 12-member jury returned to the courtroom and told Justice Vera Watkins that 22-year-old Robert Dorsett was not guilty of the October 17, 2015 murder of Alvardo Darilus.
However, they returned a guilty verdict of 11-1 on the lesser charge of manslaughter, finding that the incident occurred because of provocation. Dorsett was also acquitted of possession of an unlicensed firearm on the direction of the court to the jury.
Shortly after 9pm that day, Darilus was at Sunshine Park when he got into an argument with other men, resulting in him being shot. Darilus, who was shot in the head and the back, was taken to hospital where he died of his injuries.
Dr Caryn Sands, a forensic pathologist, testified that the positioning and trajectory of the gunshot wound to the head could not have occurred if he had been standing.
The jury heard from Deangelo Pierre, the victim’s brother, who testified that on the day in question that he was walking in the area of Sunshine Park to get food when he was stopped by the accused, who he knew as “Robbie”.
The witness said “Robbie” accused him of breaking into his car and stealing from him. However, the victim’s brother denied this and said he only washed cars with Lorenzo Williams.
He was then slapped by “Robbie”, the jury heard.
Mr Pierre said he went home and told his mother what had occurred. They went to the Carmichael Road Police Station to file a complaint before returning home to wait for police.
His brother, Darilus, came home before going back out for a few hours. The witness said upon his brother’s return, he called him over and suggested that they confront the man who had slapped him.
Mr Pierre said he got into his brother’s car and they went to Sunshine Park. When they got there, Mr Pierre saw two of his brother’s friends. They also saw “Robbie” and two men unfamiliar to him.
The jury then heard that the deceased approached “Robbie” and asked him why he had slapped his brother.
Mr Pierre said his brother then slapped “Robbie” after dismissing the accusation that he had stolen from the accused.
The witness, who was seated in his brother’s car during the exchange, said he saw “Robbie” and the two strangers leave and go into the back of a house.
It was then that the victim was confronted by someone else about what he had just done. They then got into a scuffle, which left Darilus on the floor.
The witness said he saw “Robbie” and the two strangers return with guns in their hand and shot his brother as he lay on the ground. He said his brother managed to drag himself into the car before they were able to drive away from the area to try and get help.
Mr Pierre said he picked out “Robbie” from a line-up at the Central Detective Unit when asked by police to identify those involved in his brother’s death.
Dorsett, in his defence, testified that he did slap the witness after confronting him over the break-in of his car.
However, he said, he left Sunshine Park around 7.35 pm and went to Garden Hills to see his fiancée at her aunt’s house. He said he stayed there until 9.30pm.
He said days later, on October 22, 2015, he was contacted that police were looking for him with reference to a murder.
He said he contacted the Central Detective Unit to clear his name and agreed to meet them at McDonalds in Oakes Field.
Dorsett said he was interviewed but his lawyer at the time, Tamara Storr-Taylor, instructed him not to answer any questions pertaining to the incident.
The 22 year old returns to court on August 17 for sentencing.
He was defended by attorney Troy Kelman.
Maria Zancola and Algernon Allen II prosecuted the case.