BELIZE CITY, Tues. Nov. 13, 2018– Emerson Eagan, 27, charged with the murder of Dennis Nembhard, 35, aka “Colored”, was freed of the charge when he appeared yesterday before Justice Colin Williams and a nolle prosequi was entered by Crown Counsel Killeru Awich, indicating that the Crown would not proceed with the trial.

Awich entered the nolle prosequi because one of the witnesses, Elizabeth Sheran, Nembhard’s mother, who identified his body at the morgue, died earlier this year in the United States and was buried there and none of her relatives who attended the funeral wanted to give a statement attesting to the fact that she died.

Without proof that she died, the Crown could not make an application for her statement to be admitted into evidence.

Nembhard was shot and killed on the night of June 1, 2009. According to reports, he had gone to inquire about an altercation between his 12-year-old nephew and another 12-year-old boy when his assailant pursued him and shot him in the back near a gold van that was parked near an alley between Oleander Street and Flamboyant Street.

Eagan was charged with the murder, but the charge was struck out in the Magistrate’s Court in June 2010.

But as soon as Eagan left the courtroom, he was re-arrested and re-charged.

On April 24, 2012, a jury of 12 found Eagan guilty of Nembhard’s murder on the strength of a statement given by eyewitness Shelmadine Sanchez, which was admitted into evidence.

Sanchez was shot and killed in August 2010 before she could testify.

Eagan appealed and his appeal was allowed and a retrial was ordered by the Belize Court of Appeal. The appeal succeeded on the ground that the learned trial judge did not give the jury adequate direction as to how to treat Sanchez’s statement.

Eagan was recently released from prison on a bail of $40,000. He was represented in court yesterday by attorney Nazira Myles.