This afternoon, two accused murders, brothers Gilbert and Nelson Martinez, walked out of the Supreme Court as free men after Crown Counsel Elizabeth Purcell threw in the towel and entered a nolle prosequi in the murder trial that started last week Monday in the Supreme Court of Justice John Troaido Gonzalez.
The Martinez brothers were accused of the shooting death of Windell Allen, 31. The incident occurred on Easter Sunday, March 23, 2008 at the entrance to the park on Armadillo Street. Allen was shot once in the face with a pen gun, after the two brothers had returned and were searching for another man, who had allegedly stolen a cell phone and a gun from them.
When they asked for the man that they were seeking, no one in the group of persons who were in the park answered them. It was then that one of them took out a pen gun and fired the fatal shot into Allen’s face.
Allen was rushed to the Karl Heusner Memorial Hospital, where he died the following Monday after his family decided to remove him from the life support machine that had kept him alive until his mother could reach Belize City from Cayo.
Allen, who was originally from Cayo, had come to Belize City in search of work and was only living in the city about one month when he was killed.
Police moved swiftly, and with the help of eye witnesses and community members, they arrested the Martinez brothers nine hours after the shooting. The two brothers were originally from West Street.
But that initial assistance that was given to law enforcement officers was not sustained during the trial of the two accused men. One key witness, Egbert “Eggie” Grant, was murdered last year and two other key witnesses failed to show up at the trial—weakening the prosecution’s case.
Without the key witnesses, Crown Counsel Purcell had no choice but to enter a nolle prosequi.
Nolle prosequi is not an acquittal, and the prosecution can bring back the charge whenever they feel that they have the necessary evidence to put to a judge and jury.
Nelson Martinez was defended by attorney Earnest Staine, and his brother, Gilbert, was defended by attorney Nigel Ebanks.