On May 27, 2009 a jury in the Supreme Court of Justice Oswell Legall found Brian “Bedo” Herrera, 24, guilty of murder. The jury, when they had first come into the courtroom , had not arrived at a verdict and had asked the judge for more direction on the evidence. When they finally arrived at verdict, it was guilty of murder.
Sentencing was deferred, so that Herrera’s attorney, Liesje Barrow-Chung, could prepare mitigation pleas. Herrera returned to court today and despite mitigation pleas from his mother, Norma Raynaue, and one of his uncles, Justice Oswell Legall sentenced him to life in prison.
The case was based mostly on circumstantial evidence that linked the convicted man to the crime that occurred on the night of October 17, 2005 when Eugene White Encalada aka “Witch,” died from gunshots while he was talking to another man on Dean Street.
Compelling evidence in the trial came from Police Corporal Ivan Galvez, who testified that he was on duty and had just taken a break and was driving down Euphrates Avenue when he heard the sounds of gunshots and saw a man riding a bicycle.
The man was wearing a mask. Galvez, who was in a police patrol vehicle, set chase and with the help of other police officers managed to capture Herrera just moments after he fired the shots that ended the life of Encalada. Herrera had run into a yard on Tigris Street and had jumped a fence that led out to West Street, where he was captured by police officers who were on patrol in the area.
Another witness with whom Encalada was having a conversation also testified that a man who was wearing a mask rode up and opened fire on him.
Although the mask was discovered when Herrera was captured by police, who also recovered a bag containing thirty rounds of .38 ammunition, the gun that he used was never found.
The Crown’s case was argued by Senior Crown Counsel, Cecil Ramirez.
On the night that Encalada was murdered, another man was also killed. He was Charles Winston Castillo, 43. While police believed that Herrera was responsible for that killing and he was arrested and charged with Castillo’s murder, the case fell apart because of a lack of evidence and he was freed of the charge.
Castillo was shot three times as he ran away from a gunman, who began shooting at him in the area of Bishop Street. After making a run for it, Castillo fell down at the corner of George and Bishop Streets.
Apart from his life sentence, Herrera was serving a three-year sentence for keeping unlicensed ammunition. That prison term is slated to end in October 2010.