Jessroy McKelly following his court appearance on June 25, 2012.
Photo Credit: Gordon French/BVI Platinum News
Jessroy McKelly, 25, planned to murder Kareem `Bingy´ Sebastian, 26, and then told an acquaintance about the August 2008 shooting and subsequent plans he had to discharge a firearm at Sebastian's brother.
This was revealed by the Prosecution when McKelly, who is charged with the murder of Sebastian, appeared in the Magistrates Court today, June 25.
McKelly who was not allowed to plead to the indictable charge told the court that he intends to get a lawyer via legal aid.
McKelly is on remand for other matter was also remanded in relation to this matter.
Senior Crown Counsel Valston Graham told the court that McKelly is an American citizen who holds a British status. He said McKelly´s last known address is Purcell Estate, but he is presently on remand at the Her Majesty´s Prison.
In presenting the allegations, Graham told the Court that on Sunday August 24, 2008 around 7:55 pm, Sebastian was shot multiple times. At the time of the shooting he was sitting with others under the shed at the entrance to Crab Lot known as the Ghetto.
Graham said Sebastian, who was seriously injured, was taken to the Peebles Hospital by friends.
The Court heard that police were notified by an anonymous caller who contacted the Road Town Police station via telephone and reported hearing four gunshots fired in the 'Ghetto area'.
He said a number of police officers went to the scene, and there they discovered four spent shell casing and one lead fragment.
Graham said investigations followed. He said that 'a McKelly' was identified as a principal suspect and was arrested on August 25, 2008, but was later released without any charges.
Graham said Sebastian who was hospitalized following the shooting succumbed to his injuries on May 27, 2009.
He told the court that at the time police recorded witness statements from a number of persons, and most recently police obtained statements from an alleged witness to the shooting.
It is alleged that this individual told police that he has known McKelly since childhood and they grew up in close proximity to each other.
It is alleged that on the evening of the shooting the witness said he was sitting with Sebastian and others by the Ghetto when he saw a male person came up from behind a garbage bin which was about four feet behind Sebastian. He said the person had a gun in his hand.
Graham told the court that it is alleged that the male person went up alongside Sebastian and fired a shot in the direction of his face, and then three more shots to his lower body. Graham said Sebastian fell from his chair.
It is alleged that the witness told police that he recognized the shooter to be McKelly. Graham said while the shooter was wearing a mask, the witness said he could still see sufficient facial detail to recognize the man to be McKelly.
The court heard that after Sebastian fell to the ground the shooter fired more shots into Sebastian´s back. Graham said it is alleged that the gun either ran out of shots or was jammed and the shooter allegedly shouted, "dead", and then ran off in the direction of Main Street.
Meanwhile, Graham said a second witness told police that he knew both McKelly and Sebastian.
Graham said on one evening during August 2008 McKelly called upon the second witness and told him that he was going to `throw in Bingy´ and that he must listen out for the gun shots.
The witness told police that he understood 'throw in' to mean 'kill him'. The second witness further stated that McKelly showed him the gun which he was going to use, and shortly after McKelly left the man´s home.
Graham said the witness listened out and twenty minutes after McKelly left he heard three or four gunshots fired off in quick succession.
The court heard that the witness spoke to McKelly some 45 minutes later when he returned to the man´s home.
There, McKelly allegedly told the witness that he had just `throw in´ Bingy.
McKelly also allegedly told the witness that he had already been home, freshened up and changed his clothes. He also allegedly told the witness that he bathed with something to get rid of the gun powder from his body.
McKelly allegedly told the witness that when he went to the area to shoot Sebastian he saw the victim´s brother there too and he had also wanted to `throw him in´ too but the gun was automatic and when he squeezed the trigger the gun just emptied into Bingy leaving no bullets to shoot his brother.
Graham told the court that after McKelly was released from police custody in August 2008 he visited the witness home once again and told the witness if he wanted to view a DVD containing the interview he had done with police.
It is alleged that McKelly told the witness that in the DVD he would see how he [McKelly] schooled the police. They both watched the DVD.
Graham said on June 22 around 9.00 am McKelly was arrested on suspicion of murder and he made no reply. He said the file in the case is ready.
McKelly told the court that he will be seeking a lawyer through legal aid since the matter is serious.
Senior Magistrate Valerie Stephens set the matter for report on July 13.