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High Court finds brothers Delson and Tionne Paguada guilty of murder of Paul Jex but alleged accomplice not guilty

Posted: Monday, July 24, 2023. 3:24 pm CST.

By Aaron Humes: There were emotional scenes inside and outside the High Court after Justice Nigel Pilgrim found Ambergris Caye residents Delson and Tionne Paguada guilty of the January 23, 2018 shooting murder of Jimell Paul Jex, 32, on the island.

However, their co-accused, 51-year old Timothy Carcamo, was found not guilty due to major identification issues by the police, Judge Pilgrim saying he was not satisfied with the array identification done by the investigating officer and so could not be sure of his guilt in the murder. But he was satisfied beyond a reasonable doubt that the Crown proved their case against the Paguada brothers based on the testimony and identification of the brothers during the trial.

The Crown, represented by counsel Romey Wade, charged that the trio acted in a joint enterprise with the intent to murder Jex. He was shot five times – twice to the chest, once to the head and twice in the body – in broad daylight near a boat yard on the island.

The Crown’s main witness testified to seeing the deceased being shot by the Paguada brothers after he was dragged off his bicycle by one of the brothers. He was then shot in the head first by one of the brothers, and again by the other brother.

But she was not sure of the third defendant Carcamo, whom she told the police she had never seen before.

Her subsequent identification of Carcamo came as a result of a photo array shown to her by Police and not an identification parade, contrary to protocol.

Justice Pilgrim noted that the law states that for the police to relay on a photo of a suspect in a major crime, by showing a witness a picture of the suspect before an identification parade is held is a major error and not reliable in a trial (No identification parade was done at all in Carcamo’s case).

It was revealed during the trial by the officer investigating the murder that based on the description the witness gave, he “had an idea who she was referring to,” so pictures in the police array of photographs were shown to her to make the identification. Carcamo was alleged to be an associate of the Paguadas but he was not afforded a chance to disprove involvement by not being picked out of a line-up.

We understand that in court Tionne Paguada reacted viscerally to the result while outside, his mother fainted on hearing the news.

A date for sentencing will be set.

 

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