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Murder Acquittal for Krismar Espinosa Print E-mail
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Thursday, 06 December 2012 00:00

Krismar EspinosaOn Wednesday, December 5th, 23-year-old prison inmate, Krismar Espinosa, of Orange Walk Town was acquitted of the murder of another inmate, 21-year-old Keon Kyle Swasey. Swasey had been stabbed twice whilst locked up in the Tango 8 area of the Belize Central Prison on December 24th, 2009.

The acquittal came after Justice Troadio Gonzalez upheld a no case submission made by Swasey’s attorney, Rachel Montejo. A jury of 12 people was then directed to acquit him of the charge of murder.
The acquittal came after questions were raised as to whether there was proper identification of Espinosa was done by the Crown’s two witnesses, two prison officers. The testimonies of the prosecution’s witnesses brought doubt as to the identity of the person who caused Swasey’s death.

In court, one of the witnesses said that he was not sure if it was Espinosa whom he had seen in an altercation with Swasey.

The other officer told the court that prior to the stabbing of Swasey, he did not know Espinosa even though he said that on the day of the killing he saw a man known to him as Espinosa punched Swasey. The officer was not able to identify the accused in the trial before leaving the stand because the police never conducted an identification parade to allow him to point out the person he was referring to as Krismar Espinosa.

Prosecutor, Thalia Meagan Francis, in her submission to the court, said that while the evidence of her two witnesses was somewhat fragile, she still believed that the evidence should have been put to the jury with strong warnings from the judge. She concluded by saying that she still believed that Espinosa had a case to answer.

Judge Gonzalez, however, stated that there was no evidence to allow the case to be sent to the jury. In conclusion, Judge Gonzalez said that, “This kind of evidence is not the kind of quality that I can use my discretion and lead the jury, as this adds up to no evidence against the accused.”

Keon Kyle Swasey, an Electrician and a resident of #2 Myvette Street in Belize, was on remand at the time of his death. He was stabbed twice, but it was the stab to the heart that caused his death. According to the doctor’s findings, Espinosa bled to death.

Krismar Espinosa, although acquitted of this murder, was not set free to go since he has another murder charge pending in the Orange Walk Supreme Court.