As with all murder cases, the judge had informed the jurors that if in the event they found the accused not guilty of murder, then they would have to decide on the lesser charge – manslaughter.

After the jury?s verdict, Lionel Welch, the defence counsel representing Arzu, requested an adjournment until Thursday, December 1, so as to give him time to prepare a mitigation plea. The judge, Justice John ?Troadio? Gonzalez, accepted his request and will set a date for sentencing thereafter.

The jury deliberated from 1:00 this afternoon and emerged from the deliberation room at 3:15 p.m. The foreman said that both verdicts were unanimous, that all 12 persons saw the defendant not guilty of murder, but guilty of manslaughter.

The Director of Public Prosecutions, Kirk Anderson, who had upgraded Arzu?s charge from manslaughter to murder in April of this year, issued a press release today, saying, ?This is a victory for the office and the Belizean public on a whole. However, it is regrettable when those who are sworn to uphold the law, most grossly abuse it. The jury recognized that and therefore rendered the only proper verdict, according to the evidence and the law.?

Arzu was charged for the murder of Ruben ?Pony? Alarcon, a father of 11, which took place inside the Caye Caulker Police Station on Saturday, June 7, 2003, sometime after 4:00 that evening.

Arzu?s murder trial began on Monday, November 14, in Supreme Court #2.

On Tuesday, November 22, Kamar Henry, in her closing address to the jurors, told them that Arzu was in reaching range of Alarcon and fired the second shot when Alarcon had already turned his back from him, which meant that he (Arzu) was no longer threatened, as he said he was.

She said that Arzu saw exactly where the first shot hit, because he actually aimed upwards to Alarcon?s head, and she noted the fact that Alarcon was almost a foot taller than Arzu.

Welch argued otherwise, saying that Arzu had all right to protect himself while carrying out his duties. Welch said that there is no such thing as a warning shot.

Arzu took the stand in his defence, and maintained that he shot Alarcon in self-defense to protect his life, which he felt was endangered by the two men who, he said, attacked him that day. He answered Henry?s question of whether he was taught about standing orders or warning shots in the Police Academy. Arzu said that he was never taught about warning shots at training school.

?I have heard about it,? Arzu said, ?but we were never taught anything about it.?

Arzu testified under oath that on June 6, 2003, he and another officer went in pursuit of a suspect who had allegedly stolen a bicycle from a dance at Sunset View club in Caye Caulker. He said that when they arrived at the location and were shown by a man on the scene where the thief had gone, he and the officer were bombarded by eight young men, who prevented them from capturing the suspect.

Arzu said that one of the men pushed his fellow officer in his chest and told him to ?move this fu#@!$g golf cart off the property, because it was a fu#@!$g private property.? He said that they [the police] then left the scene.

Arzu said that when he arrived for work the following day, two prisoners were handed over to his care, one of whom was Michael ?Yellowman? Henry, who had obstructed him from catching the alleged bicycle thief, whom he knew only as ?Popcorn.?

He added that he was told by Sergeant Gilbert Pitts, the officer in charge (O.I.C) of Caye Caulker Police Station, to be on the lookout, particularly for two persons, Alarcon and Albert ?Flash? Kelly.

Arzu said that both men later came to the station and that Alarcon had a stout bottle in his hand. Alarcon, he said, placed the bottle on the counter and then put his hands into his pocket. Arzu said that he was standing behind the counter with two other officers, even though there were four other officers present in the station at the time.

Alarcon then told him, ?A waa Yellowman release now, othawise a wah wipe yuh aff di face a di earth,? said Arzu. It was at this time that he [Alarcon] began advancing towards him, said Arzu, and at the same time Kelly advanced with a machete in his hand, and with a chopping motion.

According to the accused, he then drew his .38 revolver and fired two shots in the direction of Alarcon, added Arzu.

In cross-examination, Kamar Henry asked the defendant why he shot in the direction of Alarcon when it was Kelly who had the machete. She suggested that he was already prepared for the arrival of Flash and Alarcon because of the warning he had received from his sergeant.

Arzu, however, said that he was on the lookout, not getting prepared. She asked him why he omitted to mention that Alarcon had gone behind the counter and had to be removed by Sergeant Pitts, but Arzu said he did not recall that portion of the statement, which he made immediately after the incident.

Henry asked Arzu if he saw anything else in Alarcon?s hands at any time except the bottle that he had placed on the counter. Arzu said that he believed that Alarcon had something in his pocket, where his hands were, especially because he had already been threatened.

Henry then suggested to Arzu that he fired the first shot upwards, aiming at Alarcon?s head, as Alarcon was almost a foot taller than he was. The second shot, she suggested, was fired after Alarcon had already staggered away from him and was facing the back door of the station, which is the reason why the second shot caught him in the back. Arzu said no to all suggestions made.

Henry further suggested that Arzu aimed both times before he fired, even though Alarcon was in touching range, being only 4 feet away from him.

She concluded by asking Arzu if he was taught that when using justifiable force and harm in any situation, that you should use the least force necessary.

Arzu maintained that he did not aim at Alarcon, but only fired in his direction. She asked him if he did not consider that as aiming, but he said no.

Other witnesses called by the prosecution were Sergeant Gilbert Pitts; Brionny Ysaguirre, Alarcon?s common-law-wife; Albert Ciego, firearms examiner; and Dr. Mario Estradabran, who explained some medical terms written by the doctor who performed the post mortem, as he, Estradabran, had been out of the country.

The court visited the locus on Friday, November 18, which is the police station in Caye Caulker.

At the locus, all witnesses were asked to point out and illustrate to the jury and the court exactly what they recalled that occurred on June 7, 2003, when Ruben ?Pony? Alarcon, was shot to death inside the station.