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Jun 16, 2015

McKoy Walks After Appeals Court Quashes Sentence

Diondray McKoy

Diondray McKoy was convicted in November 2014 for the attempted murder of Everald Gray.  He was sentenced to twelve years in prison after being found guilty of shooting Gray multiple times in the chest.  That incident occurred on the night of June twenty-third, 2009 while Gray was inside his home.  Today, before the Court of Appeal, McKoy successfully challenged the Supreme Court decision of Justice Troadio Gonzalez.  Justices Murrio Ducille and Christopher Blackman both agreed that McKoy’s conviction be quashed and his sentence set aside.  That is because Director of Public Prosecutions Cheryl-Lyn Vidal admitted that the evidence against McKoy was of a tenuous nature and that even with a retrial a reasonable verdict would not be reached in favor of the accused.  Senior Counsel Simeon Sampson, who appeared on behalf of McKoy, told News Five this morning that the case had been appealed on the basis that Justice Gonzalez erred when he failed to give proper direction on burden of proof in the alibi defense.

 

Simeon Sampson, Attorney for Diondray McKoy

“The judges asked me to take my seat and the D.P.P. rose and instructed the court that she will not proceed with her submissions because she agrees that the evidence of identification were insufficient or nonexistent.  It ought not to have gone to the jury.  Upon that submission by the D.P.P. conceding that the Court of Appeal this morning quash the conviction and sentence.  The question of a retrial was brought up but the D.P.P. expressed absence of confidence in a retrial and that was the end of the matter.  McKoy was free to go.”

 

Simeon Sampson

Reporter

“What were the grounds of appeal that you didn’t even get to…”

 

Simeon Sampson

“Insufficient evidence by way of identification and failure of the judge to direct the jury on dock identification.  That was it really.”

 

Reporter

“Can you briefly say what was the victim’s testimony?”

 

Simeon Sampson

“The victim, in essence, said that he could not, he was not sure who shot him.  That’s the essence of it, he was at home the night, he heard somebody call his name.  He went out only to be met with three bullets and fortunately he did not die.”

 

In the prosecution evidence, Gray testified that he heard a voice calling his name twice.  He walked towards the door and that’s when he saw someone dressed in blue and black clothing, who opened fire on him.  When he was questioned while hospitalized, Gray gave a similar description to the investigating officer, asserting that he got a good look at his attacker.

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2 Responses for “McKoy Walks After Appeals Court Quashes Sentence”

  1. Timber says:

    Simeon, I hope God has mercy on your soul. That’s exactly why your estranged wife put you on the top floor to live. Let’s hope that one of these days they don’t come for you when they believe that you didn’t do a good job in defending. The ineptitude of the judicial system from top to bottom, as well as you taking on these cases have put criminals back on the street.

  2. sam says:

    Well I feel very differ to the respond of #timber I believe mr.sampson is a great lawyer justice is served Where it’s deserved how can u allow a man to be convicted and sentence
    If the victim cannot identify who shot him and who are you to judge a person and know nothing about them #justice is served!!

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