Conceding before the conclusion of a trial that 17-year-old Shaquille Grant had been wrongful killed by police back in 2012, the state, through the Attorney General’s Chambers has said that it will pay $28M compensation to the young man’s estate.
The decision to settle the matter was communicated to Justice Gino Persaud by counsel attached to the AG’s Chambers.
The judge had previously set this past Monday for trial into the civil suit filed against the state by Grant’s mother, Shonette Adams, whose contention it had always been that her son was wrongfully gunned down by police.
Though the state has since indicated its intention not to proceed with a trial, opting instead for the settlement which its pegs at $28M, it is yet to commit to this sum in the form of a written order which it would then have to lay over to the court.
This is expected to be done shortly.
Adams had sued the state for damages, contending that her son was wrongfully killed by police on September 11th, 2012, at Agricola, East Bank Demerara, in contravention of Article 138(1) of the constitution.
That article states, “No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offence under the law of Guyana of which he has been convicted.”
Article 138(2) further states, “Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this article if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case….” The exceptions are “for the defence of any person from violence or for the defence of property,” “in order to effect a lawful arrest or to prevent the escape of a person lawfully detained,” “for the purpose of suppressing a riot, insurrection or mutiny,” and “in order to prevent the commission by that person of a criminal offence.”
Adams’ action was filed jointly and severally against the Attorney General and former police officers Terrence Wallace and Jamal Lewis.
She was represented by attorney Nigel Hughes.
On May 21st of 2015, Wallace was acquitted of Grant’s murder by a jury, following a trial.
The indictment against Wallace had stated that on September 11th, 2012, he fatally shot Grant at Caesar Street, Agricola, East Bank Demerara.
The prosecution’s case had been that Wallace had ordered Grant and his friends—Romel Bollers, Nicholas Eastman, Jamal Henry called, “Tuna,” and Troy Greenidge—to lie on the ground and while complying Bollers began removing his cell phone from his pocket. At once, there was a bang, which appeared to be a gunshot.
Then State Prosecutor Judith Gildharie-Mursalin had said in her opening address that Bollers was shot in the head, while Grant was heard saying, “Officer, officer, I get shoot.” She said that what appeared to be other gunshots rang out and following the shooting Bollers lay injured and Grant was dead.
The court had heard from Gildharie-Mursalin that according to the police’s version, Bollers was attempting to run away from them and while doing so he had discharged a round at them from a weapon which he had. “The officers claimed that the action by Bollers was the catalyst for their shooting,” Gildharie-Mursalin had said.
In his testimony to the court, however, Bollers insisted that neither he nor any of his friends had any weapon when the police opened fire on them.
Charges for Grant’s murder had also been laid against Lance Corporal Warren Blue and Special Constable Jamal Lewis, but they were never arrested. Warrants had been issued for their arrest. Blue was subsequently shot and killed during a robbery on the East Coast of Demerara, while Lewis remains at large.
In his defence, Wallace, in unsworn testimony, had told the court that when he got to Agricola, he saw the young men under a shed in the yard and, with his firearm in hand, he shouted, “Freeze! Police!”
He said when he shouted, Bollers drew a gun from the waist of his pants and fired once in his direction as he attempted to run. Wallace added that he immediately returned fire by shooting one round in Bollers’ direction and the young man came to a halt and dropped his firearm next to his feet then knelt on the ground and placed his hands on his head.
Wallace had told the court that almost at that same time there were two gunshots from behind him. “I could not say which of the ranks discharged the fire,” he had said.
Wallace added further that as he heard those subsequent shots, he saw one of the youngsters, whom he later learnt to be Grant, fall to the ground. Later, he observed injuries to the teen’s face.
