2024-07-10 - Channel 5 Belize

ComPol Williams Says Sgt. Devon Makin Acted to Secure His Safety

Commissioner of Police Chester Williams has finally broken his silence on the viral video that surfaced over the weekend of a police officer pistol whipping an individual in San Pedro. That officer has been identified as Sergeant Devon Makin. Well, ComPol Williams says the video was spliced to paint Makin in a negative light. He explained that Makin was off duty when a pair of minors approached him and informed him that they were being chased by three armed men in masks. ComPol Williams says, Sergeant Makin pursued the men, one of whom was seen being apprehended in the video. But was the individual armed and does the Commissioner of Police consider Sergeant Makin’s response to be an excessive use of force? Here is how he explained the entirety of the incident,

including all that he says was not captured on camera.

Chester Williams, Commissioner of Police

“First and foremost let me say that many a times when we have these video footage that are sent to the media or posted on different social media platform, the persons who recorded these video footages often times just release what they want the public to see and would splice the video for their own convenience. I think before we jump to our own conclusion it is essential that we ascertain what actually transpired. In this particular instance the sergeant had reported off duty and was on his way home. On his way he was stopped by two minors who were extremely frantic and in fear who complained to him that the same young man you all saw in the video with him and about two other persons were chasing them with mask and firearm. The sergeant being the type of person he is, he didn’t leave them in cold. He returned and went to see if he could apprehend these individuals. He met the one seen with him in the video and obviously the information is that he may be armed, the police may need to take out his weapon to secure his safety as well as the safety of others. In so doing, what you normally do when you have a suspect that is armed you would put him to kneel down or on the ground on his belly until you ascertain he is safe. The sergeant attempted to do that but while he was trying to put the person in either of those positions the young man was resisting. He only have two hands so he was holding him with one hand, and he had the gun in the other hand. So he tried to hit him with the other hand and that is the hand that had the gun. I am not going to condone the issue of the pistol whipping cause the truth is the weapon could have gone off and the outcome could have been different. But we have to look at the issue in its totality. It is not like the sergeant just went and pick on someone for no reason and just beat him up. There was a complaint made by two minors and though he was off duty he responded to the call of the two minors to apprehend the individual. Those people who did the video recording knows what happened, but they went and splice the video. Now the two minors and their parents had gone to the San Pedro Police Station and lodged his complaint. The young man now, as much as the public is crying out for him, he escaped because when the officer went after to try and apprehend the others he escaped. And from then to now he has not resurfaced. He has gone to hiding. So if it is that you know you are so innocent, you have done nothing wrong and the police have abused you then why don’t you come forward and make your complaint. But he has not done that. So that just goes to show that he knows exactly what he did and he intends to continue hiding from the law.”

Is the Opposition Leader Trying to Score Political Points off Police?

ComPol Willliams also responded to criticisms that the Leader of the Opposition made against him on Tuesday. Moses “Shyne” Barrow expressed his disappointment in the fact that days had passed without the commissioner or any of the department’s top brass addressing the viral police video. Barrow chastised the Commissioner of Police for not acting swiftly in this matter. Well, today ComPol William had a response for Barrow. Here is what he had to say.

Chester Williams, Commissioner of Police

“I listened to the interview by the leader of the opposition yesterday and what he failed to say to you is that he sits, waits for something he believes is like a scrumptious meal and the alacrity with which he pounces on it to gain political mileage is alarming. Here comes the media feeding him with that scrumptious meal and he gets that energy, that power to say things. But he failed to say to you that when the U.D.P. was in power and he needed security, bodyguard, it was the same Devon Making that use to body guard him. And, up to now even though he promised to pay the sergeant for the work he did the sergeant has not been paid. He promised that when he came into power, he would do this and that. Come on Shyne Barrow, he have to be real.”

Is Sgt. Makin’s Familial Ties Affecting the ComPol’s Judgment?

It is no secret that Sergeant Devon Makin is Commissioner of Police Chester Williams’ godson. So, is his familial ties with the officer influencing his response to the police abuse claims? As you have heard the commissioner say, he does not condone Sergeant Makin’s decision to pistol whip the individual. He further revealed that the Professional Standards Branch is carrying out an investigation into the incident. But is his relation to Makin affecting his better judgment? Here is how he responded to that question.

Chester Williams, Commissioner of Police

“When he had the issue with Inspector Martinez, he is my first cousin and what happened? My first cousin is more to me than a godson. If I was able to move quickly on inspector Martinez who is my first cousin then why would I not be able to do so with Mr. Makin if it were that we were not looking at the think wholistically. I am not going to be the one to jump on something because Shyne Barrow wants me to do it. Professional Standards Branch is in the picture. They are investigating. Once an investigation is done then we go from there.

Imagine if those two children were your children and they were being chased by and individual with gun and mask, would you reaction be the same? The question to you, would your reaction be the same? I am sure not.”

Paul Lopez

“We know that any disciplinary charges you have to approve, will you approve such being brought against your godson?”

Chester Williams

“I brought a scenario to you earlier where I said Inspector Martinez is my first cousin and despite that he was charged. So please don’t try to come and make things seems that because of certain people they are privileged. I don’t work that way. There are many people who are relatives of mine who does wrong and I made sure they are dealt within accordance with the law. So please don’t try to paint a different picture.”

Reporter

“Is the public allowed to capture police in the conduct of their duties?”

Chester Williams

“Yes they are, so long as they have sufficient distance that is not obstructing the police from carrying out their duties they can do so.”

Late this evening Opposition Leader Shyne Barrow responded to the ComPol’s remarks, he says quote, “It is a typical deflection tactic from the very serious issue of police brutality. Officer Makin is wrong and needs to be disinclined like every other police officer that has been captured using excessive force. What makes Officer Makin so special, that he can be captured on video pistol whipping an unarmed suspect and not face reprimand?”, end quote.

Tour Guide Shamar Foster Sues B.P.D. Two Years Later

While the Commissioner of Police defends the actions of his godson, in the High Court this morning, attorney Leslie Mendez appeared on behalf of Shamar Foster. He is the tour guide who was manhandled by a pair of policemen at the municipal airstrip in April 2022. Viewers would recall that the officers approached the then nineteen-year-old and proceeded to search him. While attempting to record the ordeal, the policemen got physical with Foster, hurling obscenities at him in the presence of other international visitors at the airstrip. Through his lawyer, Foster is suing the Belize Police Department.

Leslie Mendez, Attorney-at-law

“This claim stems from an incident that happened at the Belize Municipal Airport, I believe about two years ago, and it involved an encounter between two police officers and Shamar, who is the claimant, that resulted in, at least what we say, that resulted in Shamar being searched and struck, hit on his arm whilst he was attempting to record the search of his person. Following this incident, we also made a complaint before the Professional Standards Branch against the officers for the violations of the rights of Shamar Foster. We were not able to really settle or get this issue addressed and so Shamar decided to file a constitutional claim for breaches of rights, for his constitutional rights, specifically the rights against arbitrary search, the right to freedom of expression and the right to protection of the law. So those are the three rights that we say were breached in the context of both the incident at the airport, as well as disciplinary process.”

Right to Video Record is Central Feature in Police Lawsuit

The incident harkens back to a similar ordeal faced by a pair of men who were stopped and randomly searched by police officers in Belize City. It was later determined by the courts that the officers abused their powers. According to Mendez, the right to record is central to the case that is before the High Court.

Leslie Mendez, Attorney-at-law

“I think that if we recall the case of Greg Nunez and Bryton Codd, it dealt with a similar issue with respect to arbitrary searches. In that case, the court had actually identified the use of acts such as the Misuse of Drugs Act and the Firearms Act. [It] had identified that the department seems to, had identified the misuse of these acts. I’ll just leave it at that, as a systemic problem within the department and in fact the judge in that case recommended that training be conducted for police officers to be able to understand how they can use these acts and what needs to be established in order for them all to utilize these acts and their search powers under these acts appropriately and specifically what really constitutes reasonable suspicion. So that was the issue in that case and to some extent, yes, we see it arising in this case as well. What is different in this case, though, is that we are also raising the issue of the right to record. That was not present in that case and what we are inviting the court to find, and we rely on a couple of authorities in some jurisdictions, that say that the right to record is encompassed in the right to freedom of expression.”

Police Seek Additional Suspect in Clint Castillo Murder

Police are still seeking one suspect in connection with the Saturday night murder of Clint Castillo in Cotton Tree Village. As we have reported, twenty-two-year-old Jamal Hyde was charged with two counts of abetment to commit murder. The second suspect is in hiding and authorities are working to find him. ComPol Williams gave reporters an update on that search.

Chester Williams, Commissioner of Police

“We are still looking for the person who is the suspect in that matter. We receive tips occasionally on his whereabouts. But to every time we respond he is not found. I had personally gone to the mother to ask if she would be able to assist in locating her son. She has pledged that she is going to do her best to do so. But in the meantime we continue our efforts to try and locate him. He is now on our five most wanted list. So you would know that he is of great priority to us.”

Reporter

“Is it gang related?”

Chester Williams

“It is not gang related. They are a group that hangs together. They are all friends. Apparently there was an argument that started between them and that led to the young man Hyde, that was charged, handing a weapon to the alleged murdered and the alleged murderer carried out the act. So it is not a matter of them being gang members. They are employed people and they had some argument between themselves.”

Reporter

“Is it a personal disappointment for you that this is the first time Cotton Tree has been under an SOE and right under the SOE there is a murder.”

Chester Williams

“Again, we have to understand that SOEs are not designed to stop every crime from happening. If you have an SOE and a wife and husband has an issue at home and one kill the other, how do you expect the SOE is going to stop that? The objective of the SOE is to go after the persons who are known to give problems in the area continuously. It is not just to look at somebody and say oh he looks like he has a gun and pick them up and lock them up. If we were to do that then you would be the first one to prance on the police and say we ware just picking up people. These are people who are employed together, they are friends, They were at a yard hanging out ,enjoying themselves and an argument started. How do you expect police to stop that? To say that it is different than a wife and husband it is not different. There are certain things that will happen outside of the preventative measures of the police and when it happens you have to make sure we find a way to deal with it, as simple as that.”

Opposition Leader Says Belize is on a “downward spiral”

The Leader of the Opposition says the Commissioner of Police is not being honest about Belize’s current crime stats. He added that Belize is on a downward spiral where major crimes are concerned, while accusing the Commissioner of Police and the Minister of Home Affairs of not having a solution. With several murders having occurred under the current state of emergency, Shyne Barrow says Belize is nearing its worst citizen security crisis yet.

Moses “Shyne” Barrow, Leader of the Opposition

“We see crime continuing the downward spiral as far as going to edge of where we have ever been with citizens security. I saw that your brother Vasquez and the commissioner last week in debating the forty percent increase, which is what the statistics tell you, and the ComPol saying no it is less. We have had four murders since I had the last press briefing and we are still in a state of emergency. So, the police department under the stewardship of the commissioner has no solution for crime.”

ComPol Tells Opposition Leader to Focus on Nathania Ruben

On Tuesday, the Leader of the Opposition also said that he believes the Commissioner of Police is abusing his authority against his own brother, Arthur Williams. As we have reported, Arthur Williams has been dragged before the court on a couple occasions to answer charges under the Cyber Crimes Act. That is after he made comments on social media towards ComPol Williams that are allegedly defamatory. In response to Barrow, the commissioner says the Opposition Leader is speaking on a matter he knows nothing about and has his own issues with Nathania Ruben to worry about.

Chester Williams, Commissioner of Police

“The leader of the opposition and Arthur Roy are the same. The truth is that he spoke of something he knows nothing about. He, does not know what is the issue. But as usual he always has an opinion about everything. But you know I am not Shyne’s greatest problem. The lady from the states with the Diddy shooting. Nathania Ruben, she is his problem. I am going to be in the backburner and just watch how that play out. The lady says she has everything on the man so I am just going to wait to see when everything comes out. So, he is worried about me, let him worry about his problem that is coming.”

Man Dies After Crashing into Cow on Hummingbird Highway

A twenty-six-year-old man is dead, following a traffic accident that involved two vehicles, a motorbike, and a cow on the Hummingbird Highway. Reports are that on Friday night, Lokenver Montero was riding his motorcycle on the highway when he crashed into a dead cow. The cow was killed after two vehicles crashed into it five minutes earlier. Montero was rushed to hospital and spent the weekend fighting for his life. He passed away on Tuesday. ComPol Williams weighed in on the incident and the criminal charges that livestock owners can face in such an instance.

Chester Williams, Commissioner of Police

“It is a really difficult situation. I myself occasionally almost run into a cow or horse on the highway. Sometimes you just see them pop up right in front of you. It is very frightening. I would just appeal to the owners of these animals to do the best they can to keep them off the highways. Sometimes they tend to tie them on the edge of the highway and then the animal ends up getting lose and ventures on to the road. That is extremely dangerous. It has to start with the owners of these animals but if it is that we were to establish who the owners of these animals are I think there is a way we would be able to bring charges against those owners. They have a legal responsibility to ensure that the animals are secure and does not pose a danger to the public. So, I am sure there is something we can do if we establish who the owner is.”

What Constitutes Cybercrime?

There has been a cybercrime legislation in place since October seventh, 2020. It covers a broad spectrum of offences and deals with any kind of electronic data that one transmits through a computer or electronic device, including cell phones. Cyberbullying, such as what call centre agent, Brian Perriott Junior is charged, is only one form of cybercrime. In this week’s edition of our Five Point Breakdown, we turned to an attorney to expound on not only cyberbullying, but cybercrime. Marion Ali reports.

Marion Ali, Reporting

You’ll remember Brian Perriott Junior, who was remanded on Friday after he pleaded guilty to intentionally sending another person nude pictures of an ex-girlfriend without her consent. It happened after the young woman ended a relationship with Perriott virtually in June. Three nights behind bars and hearing that he was looking at a five-year-sentence was enough for the twenty-six-year-old to change his mind, and his plea. When he appeared in court for what was to be his sentencing, he decided to plead not guilty. Perriott lawyered up and got bail on several conditions, including that he is not to engage in any publications on any social media platform regarding the case. There have been quite a few cyberbullying incidents in the recent past. At the end of June, images of a popular Belizean couple and several young women went viral. Before that, a woman, Jemine Thurton was charged in May with defrauding Celebrity Restaurant. The offenses are serious, but there are other less popular forms of cybercrime. Attorney, Audrey Matura defines what cybercrime is.

What is Cybercrime?

Audrey Matura, Attorney at Law

“The cybercrime legislation deals with any kind of electronic data that you transmit through a computer. And a computer doesn’t mean only a desktop. Even your phone is considered, for the purpose of the legislation, a technology that is within the realm of a computer. And so it involves people creating fake identities to be able to online. People using their device or computer, whatever, to fabricate false information, to steal your data, to steal your identity, even to lure minors into doing things that are not proper. It’s actually very wide. That is why it’s called cybercrime. It’s crimes that are committed using the technology. Crimes of theft, identity theft is a huge one; crimes of sexual solicitation, especially against minors.”

Penalties Range from Fines to Confinement

The penalties for cybercrimes vary from fines to imprisonment of up to ten years, depending on the types of offences committed, and they can be tried summarily by a magistrate or by a High Court judge. The list of cybercrimes is lengthy. For example, were you aware that if you gained access to a computer system or data without permission you are committing a cybercrime?

Audrey Matura

“I just read through some of the offenses so that people are aware of theirs. Illegal access to computer system. Illegal access to computer data. Illegal data interference. Illegal system interference. Illegal devices and codes. Computer related forgery. Identity related fraud. Identity related theft and child luring. And of course, the others you already knew.”

Media Houses Beware

Then there’s an aspect of cybercrime that holds media houses responsible for derogatory comments that individuals make on their social media pages.

Audrey Matura

“Sometimes I see some of the most outrageous comments calling people thieves, rapists, and all kinds of things with no evidence. The onus is on the media houses to go remove those things because then they can be arrested and charged. There is provision.”

Marion Ali

“For?”

Audrey Matura

“To me it would be under Section 15, so you can be charged as an individual and you can still be charged as a corporation so you can’t hide and say oh it is a company or so you can’t charge me.”

Marion Ali

“What would be the charge?”

Audrey Matura

“[Section] 15 says using a computer system to coerce, harass, intimidate, etc., a person, but this is the part that I think of the most. It says a person commits an offense who uses a computer system (and that could be your phone) to a publish or transmit computer data that is obscene, vulgar, profane, lewd, lascivious, or indecent with the intent. So what is the intention? It has to be that you want to humiliate the person. You want to harass the person or cause substantial emotional distress, or cause the other person to be subjected to public ridicule, contempt, hatred, or embarrassment.”

You Could Be Charged for your Fake Account

What is difficult to litigate against, Matura says, are social media posts that don’t call any names but are offensive to a class of people. But what is not difficult to prosecute are people who create fake Facebook accounts.

Audrey Matura

“People make fake accounts and they put fake names. And so you need to – the police has actually has the ability.”

Marion Ali

That’s a crime too?

Audrey Matura

“Yes, that in itself is a crime, but the police have the ability to be able to track these things. And they should there is a protocol that I understand that you can contact Facebook for police purposes and get information. There’s ways if you want to do it.”

But the attorney questions whether Belize is equipped to successfully prosecute cybercrimes.

Successfully Prosecuting Cybercrimes

Audrey Matura

“The question is, do we have the resources? Does the office of the DPP have the resources of what it needs for the technology to prosecute? Does the police have the resources to investigate and gather good evidence? Because you have to gather the evidence. Keeping in mind, too, that there is already legislation that has to do with electronic evidence and for you to be able to admit electronic evidence in any hearing. It requires that you do it within the parameters of the evidence of the electronic evidence.”

Marion Ali for News Five.