By NICO SCAVELLA
Tribune Staff Reporter
A woman yesterday denied a defence attorney's assertions that she knows who the perpetrator of the 2013 Fox Hill mass shooting really is but is afraid to call his name because of his notoriety as a member of a "dope gang" in the community.
Euphemia Davis, the sister of two of the victims, rejected Geoffrey Farquharson's assertions that she has "known for years" that the December 2013 crime was actually committed by David Nichols aka "Spy", who was shot and killed by police some time ago.
Ms Davis further refuted Mr Farquharson's claims that Nichols, his brother Deslin aka "Limbo" and his dope gang were members of Ms Davis' Junkanoo group, and that Deslin used to run a dope shop from inside her own house.
Mr Farquharson had asserted that the shooting in question was, at the time, the latest in a long-running "dope gang war" in the Fox Hill community ever since Deslin Nichols was shot and killed.
Mr Farquharson said Ms Davis, who has lived in that community her entire life and has admitted that she knew David Nichols, knows who was involved in that war.
Instead, Mr Farquharson asserted that Ms Davis "withholding" what she knows has led to three men, his client included, being charged while the public, the court and the jury are in the dark about what really happened.
"That's why we can't get the guilty people before the court, because people like (Ms Davis) will not give the court the information they need to solve these cases," he charged.
Mr Farquharson's assertions and Ms Davis' denials came during Peter Rolle's, Jermaine Curry's and Justin Williams' trial concerning the December 27, 2013 shooting at Freedom Park before Justice Deborah Fraser.
Williams, Rolle and Curry are accused of murdering four people - Claudezino Davis, Shaquille Demeritte, Eric Morrison and Shenique Sands on that date. They are also charged with attempting to murder Janet Davis, Samuel Ferguson, Chino Davis, John Davis, Jermaine Pratt and Leroy Taylor.
According to reports, around 6pm, occupants of a small, dark vehicle opened fire in the area just behind the basketball court where several people were gathered.
Davis was pronounced dead on the scene while 10 others were taken to hospital. Demeritte, Morrison and Sands later died in hospital of their injuries.
Taking the witness stand previously, Ms Davis recounted how she had to seek professional help to get over seeing blood oozing out of Morrison aka Bonafide's ears "like water" moments after his body was sprayed with bullets during the mass shooting.
Ms Davis said she also needed counselling to get over seeing one of her brothers, Claudezino "Zino" Davis, killed right next to her, and another brother, Chino "Tunde" Davis, shot in the face from the gunfire.
At the time, Ms Davis also said a man by the name of Danny Ferguson, a fellow Fox Hill resident whom she grew up with and knows from being on Freedom Park, was on the park that night. Ms Davis said at the time, Mr Ferguson was on his phone.
At some point, Ms Davis said Mr Ferguson came off his phone and moved from where she and the others were over to the Junkanoo shack. Shortly after he did that, about 15 to 20 minutes later, the shooting started.
According to Mr Farquharson, Mr Ferguson received a call from someone who warned him to leave the park because the shooting was about to take place.
Ms Davis said as a result of what she observed from Mr Ferguson that night, she said she told police that they should check the man's phone.
Additionally, Ms Davis' cross examination revealed that her cousin's son, whom she calls her nephew, was also on the park that night and seated on the bleachers. Ms Davis said her 'nephew' told her that he saw the shooter, and that the shooter was a person named "David".
While testifying previously, Ms Davis said she knew "David", but does not know his last name. She said she does not know his age, but said he appears to be younger than her.
Yesterday Mr Farquharson first asked Ms Davis if she had seen Mr Ferguson since the 2013 incident. Ms Davis said yes in response. However, when asked if she ever asked Mr Ferguson who it was that called him that night, Ms Davis said no.
The same response was given when Mr Farquharson asked if she ever checked with the police to see if they had questioned on him, as well as if she ever followed up with the police to find out if they had checked Mr Ferguson's phone as she asked them to.
Thus, Mr Farquharson questioned how Ms Davis could assert that the incident in 2013 was so traumatic if she didn't even check with police to find out who it was who called Mr Ferguson to warn him to leave the park because it was about to get shot up.
In response, Ms Davis said: "You leave it in God's hands."
"There's no justice in this system. The murderers go free," she asserted.
Justice Fraser reminded Ms Davis that she was in a court of law, where "fairness and justice for all" is guaranteed.
However, Mr Farquharson asserted that a part of the reason why the guilty might go free is "because the witnesses don't tell the police the real story". He said witnesses instead go to court and testify about "all kind of foolishness" while remaining mum on who actually committed the offense in question.
Mr Farquharson then shifted his line of questioning towards the Nichols brothers, and how in her statement, Ms Davis told police that her nephew saw David Nichols shooting up the park.
In response to one of Mr Farquharson's questions, Ms Davis said she knew what had become of David Nichols--he was shot and killed by police in front of his own home some time ago, according to Mr Farquharson.
Thus, given that Ms Davis admitted to telling police that her nephew told her he saw David Nichols on the night in question, Mr Farquharson charged that Ms Davis knew for years that William, Rolle and Curry are not the people who shot up the park.
Mr Farquharson then asked the woman if she ever followed up with police to see if they investigated David Nichols as the shooter. In response, Ms Davis suggested that doing so would have been an exercise in futility, as police have yet to bring a case against the persons who killed a relative of hers two decades ago.
"Why follow up? My cousin get kill 21 years ago. His case never came up. Why follow up?" she asked.
However, Mr Farquharson asserted that the real reason she did not follow up was because she knew that David Nichols was Deslin's brother, and that Deslin Nichols and his gang were members of her group in a Junkanoo shack in Fox Hill, which according to the evidence is affiliated with the Original Congos.
In response however, Ms Davis snapped back by saying: "My mommy kids, we help the society. We don't break the society down. We try to build people children up. We don't break them down."
Nonetheless, Mr Farquharson asserted that Ms Davis was well aware of the fact that Deslin Nichols was a "dope dealer" and that other dealers killed him over turf in the Fox Hill community. As Ms Davis has lived in the community all her life, Mr Farquharson asserted she was on that turf when the shooting happened.
"Whatever they do that's not on me," came the reply.
However, Mr Farquharson insisted Ms Davis is "afraid" to call the names of the dope dealers actually involved in the case.
"…You know who the murderers are but you're scared to call their names," he insisted.
The case continues.