A mechanic of Doris Brooks Street in Port Loyola, Shane “Shanie Mac” Espinoza, 35, today started a 5-year term for robbery of a taxi driver in February.
Police allege that Espinoza, on February 1, 2011, on a dead-end street off Boots Crescent in Port Loyola, held up taxi operator Earl Smith and stole his pink Razr cell phone and $50 in cash, total value $200.
The case was heard in full on July 29, 2011, and judgment was given today in the #8 Magistrate’s Court by Magistrate Emmerson Banner.
Smith, in his testimony, said he encountered “Shanie Mac” (whose full name he did not know at the time, but whom he recognized from running into him off and on over the last 15 years) at the taxi stand at the Pound Yard Bridge where he works. After inquiring of the whereabouts of another operator who was not present at the time, Smith said, the accused asked him to take him to Kraal Road, making a phone call to what appeared to be a female acquaintance, on the way, asking her to wait for him there.
When they reached the area, Espinoza directed Smith to Boots Crescent, and then up the dead-end street, where he put a firearm to the back of Smith’s head. He told him to cut off his engine and hand over all he had, as he, Espinoza, had “two men watching him from the bushes.”
Smith complied, handing over the phone and money and his car keys, which were returned to him after he exited the vehicle. After Espinoza left, Smith made a report to police and positively identified Espinoza’s face in the photo database at the Queen Street Police Station.
Smith also testified about asking around about the man who had robbed him; several people he said he spoke to and gave a description of his assailant, felt it matched “Shanie Mac.”
Under cross-examination, Smith denied allegations by Espinoza that police coerced or suggested to him whom to identify, specifically himself, Espinoza, and that he did not know Espinoza as well as he thought he did.
Smith further claimed that he saw Espinoza at the funeral for the late Raymond “Killa” Gentle, reformed boss of the Kraal Road area who was killed in January. (Espinoza, who claims to be a cousin of Gentle’s, denied that he was at the funeral in today’s proceedings.)
After testimony from two police officers who respectively collared and processed the accused, the prosecution’s case was closed. Espinoza insisted to both officers under cross-examination that he had asked for, and been denied, an identification parade; the arresting officer said that that was not under his jurisdiction, while the investigating officer, Constable Julio Sanchez, said that he did not recall Espinoza specifically asking him for any such parade, and furthermore, that he felt it was not necessary because the complainant, Smith, demonstrated recognition of Espinoza.
Invited by Magistrate Banner to give his defense, Espinoza chose to remain silent after first saying that he had nothing to do with the incident. He called no witnesses in support of his case.
Giving his ruling today, the Magistrate told Espinoza that without any testimony, whether sworn or unsworn from him, he presented nothing to counter the allegations made by Smith. Remaining silent is a right of all accused under the law, as the burden of proof of criminal charges rests on the prosecution.
Espinoza has two previous convictions for robbery and several others for similar crimes of dishonesty, and so could not be given a fine for this offense.
Shane Espinoza had no attorney in court either at trial or today. He indicated that he plans to appeal.