Trials - Channel 5 Belize

Xochil Lopez Joins Husband in Jail on Drugs and Firearms Charges

Tonight, Xochil Lopez, the wife of businessman Joshua Ashburn from Western Avenue, finds herself behind bars alongside her husband. The thirty-seven-year-old Belmopan resident faces four criminal charges, including possession of a prohibited firearm and ammunition, and two counts of possession of controlled drugs with intent to supply. Late this evening, Lopez appeared in Court #6, represented by attorney Dale Cayetano. She was charged with keeping a prohibited firearm without a license for a black .40 caliber Glock pistol, keeping prohibited ammunition for twenty-four live rounds, and two counts of possessing nearly nine thousand grams of cannabis. Lopez pleaded not guilty to all charges. Due to the severity of the offenses, the magistrate informed her that bail could not be granted under Section 16 of the Crimes Control Criminal & Justice Act. Consequently, she was remanded to Belize Central Prison until January twentieth, 2024. Lopez was advised that she could apply for bail at the High Court with her attorney’s help. She now joins her husband, forty-seven-year-old Joshua Ashburn, who is also in custody.

Nolle Pros Entered; Murder Suspect Acquitted

This morning, twenty-four-year-old Denvoy Feliciano Bartley walked free from a murder charge after the DPP’s office entered a nolle prosequi in his case. Bartley, who had been on remand for just over a year, arrived at court on the prison bus from Belize Central Prison but left as a free man. He had been arrested and charged with the murder of twenty-four-year-old Lionel Lee Budna, who was shot and killed on Faber’s Road in Belize City on January 6, 2023, around 12:30 a.m. A witness, a thirty-eight-year-old man, told police that he was walking in front of the butane depot when he heard gunshots. Turning around, he saw a young man in a jacket and black cap. The nolle prosequi was entered before Justice Derick Sylvester in the High Court.

Judge Rules; Lincoln Diaz to Stand Trial for Murder

Justice Candace Nanton has ruled in a voir dire, admitting the caution statement and interview given by Lincoln Diaz as admissible evidence, meaning he will stand trial for murder. Now twenty-three, Diaz was just nineteen when he was accused of murdering Orin Velasquez, also known as “Bredda O.” Velasquez, who owned a pizza shop in Ladyville, was gunned down inside his business on Perez Road on November 3, 2020. Diaz is believed to have acted with others, but he is the only one charged in connection with the killing. This afternoon, the Crown presented four statements as evidence and called one witness to the stand. Justice Nanton determined that Diaz’s caution statement was given freely and that he participated willingly in the process. She also noted that Diaz was properly cautioned and informed that he didn’t have to say anything. The case continues Tuesday before Justice Nanton, with five more witnesses expected to testify. After that, the Crown will close its case, and the defense will present its arguments. Diaz is being defended by attorney Lynden Jones of Corozal Town.

Further Delays in Ivan Ayuso Theft Case After Wife Files for Divorce

The theft and money laundering case against former Sports Council Senior Accountant Ivan Ayuso seems to be dragging on endlessly, with his sentencing and forfeiture hearing repeatedly adjourned. On September twenty-seventh, Ayuso pleaded guilty to one count of theft and three counts of money laundering for embezzling one point four million dollars from the government. He knows he’ll face at least five years for each count, and his house, which he shared with his wife Tanya Savery, is up for forfeiture to the Government of Belize. However, when Ayuso appeared before Justice Nigel Pilgrim this morning, the forfeiture process hit several snags. First, the Director of Public Prosecutions requested more time to respond to an application from Savery, who has now filed for divorce. The court granted this request, further delaying sentencing. Savery has also filed an application to protect her interest in the property from any forfeiture order, citing a court order that already establishes her and Ayuso’s interests under matrimonial proceedings. The DPP asked for an adjournment to apply to the Civil Court to vary the division of matrimonial assets order, but Savery’s attorney, Erin Quiros, objected, arguing that the Financial Intelligence Unit and the DPP were aware of the matrimonial proceedings and allowed them to proceed. The DPP then requested more time to respond to Savery’s affidavit, which Justice Pilgrim granted. All parties are to return to court on December thirteenth. Ayuso, usually described as jovial, was visibly agitated and frustrated by the delay in sentencing.

Convicted Murderer Danny Mason is Seeking Bail Through a New Attorney

William ‘Danny’ Mason is serving a life sentence for the murder of Pastor Llewellyn Lucas. He’s also facing charges of kidnapping and blackmail, which ended in a mistrial. A retrial was ordered, but Mason found himself without legal representation and needed time to hire a new attorney. Earlier today, Mason appeared virtually before the High Court with his new lawyer, Trinidadian Peter Taylor, who is being assisted by Nehanda Samuel, Eustace Warner, and Jamie Hibberd. In the courtroom of Justice Nigel Pilgrim, a case management conference was scheduled for December thirteenth, 2024. Taylor explained that he had filed paperwork on November eighth but needed more time to gather all the witness statements and get further instructions from Mason. The crown plans to rely on four witnesses, including virtual complainants Lloyd Friessen and his wife, along with two others. Justice Pilgrim gave the defense until November twenty-ninth to file the necessary documents, with the DPP’s response due by December sixth. The retrial was set to be one of the first cases in the January 2025 session, but a date in early February was agreed upon. Taylor also requested permission to apply for bail on Mason’s behalf, despite the seemingly far-fetched nature of the request. He argued that Mason, who has been in custody since May sixteenth, 2016, and only brought before the High Court in July 2024, is not a flight risk given the circumstances.

Three Jamaicans Remain in Police Custody After Entering Belize

Tonight, two Jamaican nationals who arrived in Belize between October twenty-fourth and twenty-sixth remain in custody. Their attorney has filed for a judicial review of their detention. The two men, thirty-seven-year-old Devon Duran Dean and twenty-four-year-old Khairo Fisher, faced criminal charges this morning after attempting to enter Belize through the Phillip Goldson International Airport in Ladyville. Denied entry, they somehow ended up with criminal charges while detained. Dean and Fisher were arraigned on separate charges in different courtrooms but were both represented by attorney Norman Rodriguez. Dean was charged with aggravated assault for allegedly attacking an immigration officer with a wooden chair while detained at the Global Village Hotel, and for escaping lawful custody. Initially, Dean pleaded not guilty to aggravated assault but guilty to escape. The magistrate indicated a fine between six hundred and one thousand dollars for the escape charge. The aggravated assault charge was later dropped after Rodriguez argued that Dean was charged under a non-existent section of the act. Dean was fined eight hundred dollars for escaping, which he had to pay immediately. Fisher faced a single charge of harm for allegedly injuring a security guard at the Global International Hotel. He pleaded guilty and was fined three hundred dollars. Despite their guilty pleas, their troubles are far from over. Dean, Fisher, and a third Jamaican, John Brown, remain in custody. During our interview with Dean, he was once again detained by police.

Devon Dean, Jamaican National

“They hand me over to the police and when they hand me over to the police they said they are not in charge of me anymore. So, I am with my lawyer. Video them Anita. In the morning I feel threatened, it fell like I was kidnapped. So I looked down and saw the officer sleeping so I said I am no going down the step because I don’t know if thy are trigger happy and will see me going and shoot me. So I jumped through the window and landed on my feet. I kinda feel hungry so I went across the road and process something to eat because the night before I did not get something to eat. So, on the way purchasing it and walking down the road. I saw a white vehicle, people jump out, point gun in my face and tell me don’t move. They carried me back to the hotel. When I am the hotel I told them, they ask me where I was going. I told them I was going to eat something. One of the immigration officer point on me and stepped on my foot and then I say ah you broke my foot. No one wanted to assist me when I told them I feeling pain. I was crying balling, living eye water before someone took me to the hospital. They get a prescription to fill out. Up to now they didn’t give me a prescription. The only officer that gave me something was an officer by the name of Johnson.”

Two Cane Farmers Charged for San Lazaro Murder

Two men from Orange Walk District, forty-seven-year-old Iran Moguel and twenty-four-year-old Emanuel Carillo, have been arrested and charged with the murder of Julio Carillo. The tragic incident occurred last Friday in San Lazaro Village, where Julio was brutally stabbed multiple times and left for dead away from the community. His decomposing body was discovered three days later in a cane field by two children who were out swimming. Reports indicate that Julio was last seen socializing with friends, and one of the suspects had previously stayed with the Carillo family.

Bartender Remanded for Attempted Murder

A bartender is spending his first night on remand on a charge of attempted murder. Twenty-three-year-old Andrew Michael Holder, of Grants Alley, Belize City, is accused of trying to kill Charles Foreman during a stabbing incident on Monday. Police met the stabbing victim at the K.H.M.H. receiving treatment while they found Holder on Youth for Future Drive with a cut wound on his hand. He was detained and taken to the K.H.M.H. for treatment. Police said they later found a bloody knife in the police mobile that Holder occupied, and they believe it to be the weapon used in the stabbing. This morning, Holder, who was unrepresented, appeared before a magistrate, where he was read two criminal indictable offences of attempted murder and use of deadly means of harm. Allegations are that on Monday, he attempted to murder and intentionally and unlawfully caused dangerous harm with a deadly instrument upon Charles Foreman. Due to the serious nature of the offence, the magistrate could not take a plea and offer bail. Holder blurted out in court that he was acting in self-defence. He was advised that he could put forth that claim at the Supreme Court during his trial. Shortly after midnight on Tuesday, police received information from the police control room of a stabbing incident on Pickstock Street, and their investigations led them to the two men. Foreman, who was treated at the Accident and Emergency Ward, had to undergo surgery and was listed in a critical condition. Holder’s next court date is January eighth, 2025.

Man Walks Free from Robbery Charge

Today, twenty-four-year-old Everald Sambula walked out of court a free man after being acquitted of five counts of robbery. The witness was too fearful to testify against him, leading Justice Candace Nanton to deny the Crown’s request to proceed without the witness. As a result, the D.P.P.’s office entered a nolle prosequi. Six years ago, Sambula and others were accused of robbing five people and Premium Wines and Spirits of over fifty-seven thousand dollars, along with personal items, including cell phones and cash. The incident occurred on September seventh, 2018. Although the crime was reportedly committed by three men, only Sambula was arrested and charged. The trial began this week before a jury of nine, but the Crown revealed that the witness feared for his safety if he testified. The heist was meticulously planned: the robbers waited for a customer to be buzzed in, then rushed in behind her. One robber, armed with a gun, threatened the customer and stole her cell phone, gold chain, and cash. Meanwhile, another robber took possessions from other customers. One of the culprits then demanded money from the cashier, and when she hesitated, he smashed her phone on the counter, scaring her into handing over the cash. The thieves then locked everyone in an office and escaped with their loot, totaling over fifty-seven thousand dollars. Sambula was represented by attorney Leeroy Banner.

Still No Date for Start of Elmer Nah Triple Murder Trial

Accused triple murderer, forty-year-old Elmer Nah, was back in court today. Nah is charged with the execution-style murders of three members of the Ramnarace family in Belmopan during a horrific shooting in December 2022. A trial date still hasn’t been set because certain orders from the presiding judge, Justice Nigel Pilgrim, haven’t been followed. So, today was more of a housekeeping session. Nah appeared virtually, represented by Senior Counsel Godfrey Smith. At the last hearing, which is still in the preliminary case management stage, Justice Pilgrim ordered all parties to file their applications by November first. However, the prosecution has not complied. In court, Smith listed several items he requested from the crown but hasn’t received, including Nah’s cellphone, a headlight, flashlight, an SD card, a body cam, and video footage from the night of the murders. When Justice Pilgrim asked the prosecution why these items weren’t accessible, they initially said they were still being investigated. The defense also wants access to an interview given to the media by the Commissioner of Police, but the crown claimed they didn’t understand what the ComPol meant in his statement. Justice Pilgrim emphasized that the crown has a duty to provide the court with this information. We spoke with Attorney Smith after the hearing.

Godfrey Smith, Attorney-At-Law

“We are at a very preliminary stage. We are still at the disclosure stage. We are trying to prepare our defense as fully and comprehensively as possible. We have been trying to get a list of crucial matters, access to them, from the crown, the state and not be successful in doing so. You would have heard; the judge say that he was not impressed with the crown explanation. So, he set a further date. He asked by the twenty-ninth of November that these things be provided. So, we look forward to receiving them.”