Double trial

Two men accused of wounding and robbery

A nine-member jury today began hearing evidence in a wounding and robbery case against two Wildey, St Michael men.

Dwayne Damian Foster, of 2A, North Close, and his co-accused Anderson Jerome Calderon, of 2E, North Close, are charged with causing serious bodily harm to Antonio Fitzpatrick on May 4, 2007, with intent to maim, disfigure or disable him.

They are also jointly accused of inflicting serious bodily harm on Fitzpatrick on the same day, while Foster is facing a separate charge of robbing him of a $15 wallet, $585 in cash and a $599 cellular phone.

Under questioning from Principal Crown Counsel Alliston Seale, the alleged victim testified that he was beaten to the point that he “almost died”.

Fitzpatrick explained that he had known the men for some eight years, but did not have any relationship with them.

He said he was having a couple of Guinness with a buddy named Paul sometime after 7 p.m. in the Pine area, which he frequents, when Foster came up and looked at him with “a screw face”, scoped him out and moved.

As he started drinking his second beverage, Fitzpatrick said Calderon arrived on the scene with a two-by-four  plank, along with his cousin and another young man all armed with cutlasses.

The alleged victim said Calderon began lashing him, moments later, on his upper body with the plank and the other guys joined in as well.

“I didn’t want to get chop up . . . so I run . . . because I tell myself they looking to kill me now,” Fitzpatrick said.

He further explained that while he was running down a hill, he heard Calderon saying, ‘don’t let he get away’ and the two guys with cutlasses caught up with him and started chopping at him, “on my hands and my legs”.

He “scuffled” with them and was able to get away because “fear caused me to run fast”.

However, Foster reportedly came from behind the NHC workshop, in the Pine, and caught up with him.

“Foster had an object in he hand that looked like a cutlass . . . and he manage to strike me behind my head
. . . and I felt a shocking feeling and I hit the turf, and I was aware but couldn’t move,” he explained, adding the Foster stood over him and took his wallet and the $585 cash “because I had just got paid”. He was also relieved of his phone before Foster ran away.

The victim said the incident occurred just a few metres away from his mother’s home and he was able to ask a National Housing Corporation watchman who was nearby for help.

“I laid in the road until the ambulance and police got there . . . I almost died,” Fitzpatrick told the court. He was later taken to the hospital by ambulance and treated overnight before he was discharged with several stitches.

While maintaining that he had no difficulties with Foster prior to incident, he said that had made the situation all the more baffling.

“That is what got me,” he told the court.

However, he admitted that he and Calderon were involved in a dispute four months before when they were gambling at game of “table stakes”. Fitzpatrick explained that the rules are that you can only use the money on the table and not your pocket, which Calderon did and he called him out for it. However Calderon, turned around and accused him of “thiefing”.

The case, which is before Madam Justice Michelle Weekes, continues next Monday.

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