Men freed of gun charges in dispute over electricity in Kingston

Two men accused of using a firearm to assault a woman in a dispute over electricity were freed of gun charges in the Gun Court on Tuesday. 

Tarick Mercurious and Andre Plummer were found not guilty on charges of using a firearm to commit a scheduled offence and assault occasioning grievous bodily harm. 

Justice Vaughn Smith handed down the verdict after accepting submissions from the defence that the prosecution did not outline a case for the men to answer to.  

The incident occurred on March 21, 2023, in Admiral Pen, Kingston, where the prosecution alleged that an argument over electricity distribution escalated into a fight.

Plummer allegedly pulled a weapon and held it to the complainant's side while Mercurious assaulted her.

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However, defence attorneys Marcus Moore, representing Mercurious, and Shannan Clarke, representing Plummer, argued that the prosecution's case was "manifestly weak" and its witnesses unreliable.

One witness recalled seeing Plummer pushing the gun in the complainant's back before she slapped the gun aside, while another witness recounted witnessing Plummer running towards the complainant with the gun in his hand before it fell.

The lawyers also argued that there were differing descriptions of the weapon.

The defence also raised concerns about poor lighting conditions on the day of the incident, challenging the witnesses' ability to accurately identify the weapon.