Man pleads guilty to assault but denies having gun

| 08/05/2012

court good.jpg(CNS): Jovin Omar Fuentes (21) admitted punching Aaron Chisholm in a car park outside a Bodden Town bar last October when he appeared in Grand Court Monday to face trial over the possession of an imitation firearm with intent, but denied having a gun. At the start of the trial over the weapon, which has not been recovered, the 21 year old pleaded guilty to assault. The crown’s case against him is based on the evidence of Chisholm who says that Fuentes was armed the night the two men fought outside the Everglo bar. Chisholm said when he fled from the defendant and hid in the brush Fuentes came after him with a 38 revolver.

Although no shots were fired and no weapon was ever recovered the crown contends that Fuentes was carrying a gun, or an imitation firearm, when he started a fight with the complainant outside the Bodden Town bar, just before midnight on Sunday 9 October, when the two men had traded insults before coming to blows.

Chisholm said he caught a glimpse of the weapon when Fuentes turned away from him during their fight to grab a rock to throw at him. Having spotted the gun the complainant said he took flight behind the bar and headed east across the bar’s empty lot.

He then hid in the brush behind some boulders but Chisholm said that Fuentes got in his car and came after him. He pulled the vehicle up close to where Chisholm was hiding in the bushes, the court heard, before he got out of the car and pointed the gun right at him. The complainant told the judge that was pointing the gun towards him at a forty degree angle and repeatedly called to him, “Come out so I can put some lead in you.”

Chisholm said he remained hidden until Fuentes drove away. The complainant said he was then collected by friends who had gone with him to the Bodden Town bar. Once inside his friend’s car, Chisholm said he called 911 and reported the incident to the police. About an hour or so later he accompanied the police including officers from the armed unit (USG) to Fuentes’ home in Bodden Town where he was arrested but no gun was found.

Although Chisholm admitted to drinking around five bottles of Dragon Stouts that evening he denied being drunk or being mistaken about seeing the gun.

He told the court that he knew Fuentes for around three years but it was not until a month or so before the incident that there was any problem between the two men. Chisholm said they had engaged in a verbal disagreement over Chisholm’s younger brother when he told Fuentes to leave him alone.

The trial continues Tuesday in court one and is expected to last four days. Fuentes is being represented by Lucy Organ from Samson McGrath while the case is being prosecuted for the crown by Kenneth Ferguson and presided over by Justice Alex Henderson who is sitting alone without a jury.

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