When three residents charged in connection with the murder of Trumayne “Passion” Daway arrived at Magistrates’ Court on Tuesday, they were escorted by seven police officers, several of whom were carrying firearms and wearing bulletproof vests.
“Stop taking pictures of me: I ain’t kill nobody,” one of the accused, Vernon Bernard, scolded reporters as he was led inside the courtroom.
Mr. Bernard, a 26-year-old native of Dominica, is charged with murder and unlawful possession of a firearm.
Maybelline Rodriguez, a 21-year-old native of the Dominican Republic who lives in Huntums Ghut, is also charged with murder, and Rafael Harrigan, a 27-year-old Virgin Islander, is charged with possession of a firearm.
All three are also charged with taking a conveyance.
During their first court appearance before Senior Magistrate Tamia Richards on Tuesday, none of the defendants was required to plead to their charges. Murder and possession of a firearm are both indictable offences, meaning they are typically tried before a judge and jury.
‘Honey trap’
Though the accused did not plead, Director of Public Prosecutions Kim Hollis outlined the Crown’s case against the three defendants.
Ms. Rodriguez was used as the “honey trap” who “lured [Mr. Daway] to his death” in Brandywine Bay late on the night of Feb. 27, the DPP said.
Mr. Daway picked up Ms. Rodriguez from her home in his jeep and drove to Brandywine “at her suggestion,” the Crown alleged.
The court heard that during the drive to the beach, Ms. Rodriguez received a call from Mr. Bernard, who asked her where she was. The 21-year-old reportedly said she was on the way to the beach and did not say who she was with, but the DPP argued that Mr. Bernard already knew that information.
Mr. Daway allegedly parked his jeep in Brandywine and the duo chatted for about 20 to 30 minutes. Ms. Rodriguez saw Mr. Bernard’s vehicle also parked nearby during that time, the court heard.
It was “clear” that the victim “wanted sex” from Ms. Rodriguez, the prosecutor said, and he removed most of his clothing while in the vehicle.
But the Crown alleged that Ms. Rodriguez exited the vehicle, saying she needed to urinate, and moments later a round of shots were fired from an AK-47.
Police officers later found 18 shell casings at the scene, the DPP said.
Ms. Rodriguez ran away from the scene and Mr. Bernard told her to follow him, the prosecutor alleged.
The court heard that the two defendants first ran to Mr. Bernard’s car, but it wouldn’t start. They then commandeered a separate car and drove to the apartment of the third defendant, Mr. Harrigan, using it as a “safe house,” the DPP argued.
WhatsApp messages
It is “not coincidental” that Ms. Rodriguez left the victim’s jeep moments before he was shot, Ms. Hollis said, adding that the woman planned the murder with Mr. Bernard.
The court heard that police seized Ms. Rodriguez’s iPhone after the murder and found photos, video and WhatsApp messages between her and Mr. Bernard.
That correspondence revealed a motive and detailed a plan to kill Mr. Daway, the DPP argued.
The prosecutor added that both defendants had admitted that the phone numbers used to send the messages and pictures were theirs.
Ms. Hollis said that in mid-February, Mr. Bernard told Ms. Rodriguez that the victim was blocking him from “getting his money.”
According to the prosecutor, Mr. Bernard sent Ms. Rodriguez a message on Feb. 16, writing, “My new baby.” He then sent a picture of an AK-47 with a bullet lying on the floor, the DPP said.
The photo was “clearly” taken at Mr. Harrigan’s home, Ms. Hollis added, because of a “distinctive” couch in the background and a white-tile floor.
When police arrested Mr. Harrigan at his residence on Sunday, officers noticed the couch and a game console in the “exact same position” as in the photo, the court heard.
The Crown alleged that on Feb. 27, Mr. Bernard called Ms. Rodriguez and said, “You have to do it; you have to get it done today.” She in turn said she “would try,” the DPP alleged.
Next court date
Both Mr. Bernard and Ms. Rodriguez indicated on Tuesday that they do not yet have legal counsel.
Mr. Harrigan, however, is being represented by defence attorney Patrick Thompson.
Mr. Thompson told the court that his client works at the Solid Waste Department and has a young son. He urged Ms. Richards to consider bail, stating that Mr. Harrigan has strong ties to the territory and is not a flight risk.
He added that the photographic link between his client’s home and the firearm is not strong.
Ms. Hollis, on the other hand, campaigned strongly for Mr. Harrigan to be remanded.
She told the magistrate that he is currently on bail for attempting arson on Oct. 23. The defendant allegedly told employees of BVI Communications on that date that he would “burn this place down” after his iPhone was not repaired properly, the DPP alleged.
In that matter, Mr. Harrigan reportedly returned with a jerry can and started pouring what appeared to be gasoline on the floor of the store, according to the prosecutor. Employees ran away when the defendant held up a lit candle, Ms. Hollis said, and the owner had to struggle with Mr. Harrigan to restrain him and take him outside.
The accused finally freed himself and left the area before police arrived, the court heard.
Ms. Richards ultimately denied bail for all three defendants on Tuesday. They are set to return to the court at 9 a.m. on May 25.
‘Outrage’
The day after Mr. Daway was shot to death, the premier called an impromptu press conference to discuss the third killing of 2018.
“I was informed about another death today, and I am deeply disturbed,” Premier Dr. Orlando Smith said. “I would like to say to the young men involved that what is happening is not helping them, nor is it helping their country. I once again call on the community to do the right thing and assist the law enforcement officers in protecting our way of life.”
Cabinet recently approved an additional $5 million to be spent on national security efforts.
The increase in security funding was announced less than a month after the first two killings of 2018, when two men were gunned down in an apparent drive-by less than half a mile from the Road Town Police Station.
Governor Gus Jaspert said, “With the recent spate of crimes comes a response and a message to criminals that restoring any safety lost in our community is an urgent and serious priority.”