Nolle Prosequi in Murder trial Print
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Thursday, 26 June 2014 00:00

On Monday, June 23, 27-year-old Marlon Foreman ran out of the Supreme Court after he was declared a free man by Justice Troadio Gonzalez. Foreman stood accused of the murder of Barney Cunningham which occurred on January 2, 2009.

At the time Cunningham, then 20, was on Curl Thompson Street in the Jane Usher Boulevard area helping 42-year-old Edmund Castillo move his family from Baracat Street to Curl Thompson Street when a lone gunman pulled up in the area and opened fire at the group. Cunningham received a single gunshot to the left side of the head and died on January 6 while undergoing treatment. Also injured in the shooting were Edmund Castillo, 42, who was grazed under his chin, Enrique Alvarez, who was shot in the right foot, and Glenford Myers, who was shot to the leg.

Foreman, who was charged initially on Monday, January 8, 2009, with the murder of Cunningham and three counts of attempted murder of Edmund Castillo, Enrique Alvarez, and Glenford Myers, was to have been freed on Friday June 20 when Sheneiza Smith from the office of the Director of Public Prosecutions submitted a Nolle Prosequi in the matter. He was however held until Monday when Smith informed the court that she had no knowledge why Foreman was not set free from Friday when she first made the application for the nolle prosequi.

 When Foreman heard that he was free to go he ran out of the courtroom and down the stairs where he caught up with friends standing outside the Belize City Magistrate’s Court.

According to the crown, the case was nolle prosequi when she and the police were unable to locate a very crucial witness in the case.

Marlon Foreman was only before the court on the murder for Barney Cunningham since the DPP’s office is no longer pursuing the case of attempted murder for the other three men.

A year and 3 months after the shooting on Curl Thompson street, Edmund Castillo who escaped that shooting did not survive another attempt on his life on Friday, April 23, 2010.