Haitian man shot by policeman sues for $500,000

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

A Haitian man who was shot in Eleuthera by a police officer during an immigration exercise has filed a writ against the government seeking $500,000 in damages for the shooting and breaches to his constitutional rights.

Jean-Mary Justilien, 27, was remanded to prison after he was charged in the Magistrate’s Court for illegal entry in June. Justilien pleaded not guilty to the charge, and last week filed a bail application.

His illegal entry case has been adjourned to November 18, and his bail application hearing is set for October 7.

Justilien was shot during an immigration round up in Palmetto Point, Eleuthera, on June 9 and airlifted to Princess Margaret Hospital for treatment. He was discharged on June 11.

Justilien was later taken into police custody on suspicion of assaulting a police officer and an immigration officer in the execution of their duties, according to police in an earlier statement.

Police later concluded that the alleged assault resulted in the accidental discharge of the police officer’s service revolver “causing injuries to the face and shoulder of the suspect”.

The medical report revealed the bullet entered at the back of Justilien’s neck and exited his left cheek.

The writ was filed on September 24 and names the attorney general, minister of foreign affairs and immigration, director of immigration, commissioner of police, and the commissioner of the Bahamas Department of Correctional Services, as defendants.

Justilien is represented by Frederick Smith, QC, and Adrian Gibson.

Comments

TruePeople says...

cus erryone kno when Haitian does attack you, dey does turn round, and run at you backwards

Posted 30 September 2015, 2:10 p.m. Suggest removal

DillyTree says...

Yeah, I was also wondering how an attacking suspect can get shot in the back of his neck while being a threat -- being unarmed and all with how many police/immigration officers? And accidentally discharged? Why was the gun out of the holster to begin with unless he/she planned to shoot the suspect? Someone needs to answer some questions.

Posted 30 September 2015, 4:57 p.m. Suggest removal

DEDDIE says...

Not to change the topic but I sometime wonder from looking at the picture of the entry wound. If the bullet was a quarter inch to the right or just slightly upwards he most likely would have been dead or cripple from the neck down. Was it divine intervention or just luck.

Posted 30 September 2015, 5:38 p.m. Suggest removal

Cas0072 says...

Law Enforcement’s version is that the gun was accidentally discharged in a struggle on the ground in which this man attempted to take control of the officer’s gun. Eyewitnesses, who appear to be the ones harboring him in the first place, tell a much softer version in which both men fell to the ground when the respectful gentleman politely pulled away from the arresting officer. Although the eyewitnesses conveniently reject that a scuffle took place, they too confirm that the man was shot while in a heap on the ground with the officer.

Sounds like the case of the “gentle giant” Mike Brown who man handled a much smaller store clerk, and for whom the trajectory analysis of his wounds, confirmed that he was in a lunging position at the time he was shot. If the people who were there cannot sensibly account for what took place on the ground between those two men, those of us who were not, have absolutely no clue as to what actually took place.

Posted 30 September 2015, 6:46 p.m. Suggest removal

DillyTree says...

"confirmed that he was in a lunging position at the time he was shot"

DEDDIE, common sense tells you that if he was in a lunging position, he would not have been shot in the back of the neck. Something smells here.

Posted 30 September 2015, 7:10 p.m. Suggest removal

Cas0072 says...

I am not sure if you are being sarcastic, but I will clarify. I was making a comparison of this case to the Mike Brown case in which many people seemed certain that Mike Brown could not be at fault because he was shot in the head and described as a gentle giant. In my opinion, people seem to be doing the same thing here based on where the man was shot and the version of events that they choose to believe.

Posted 30 September 2015, 7:28 p.m. Suggest removal

SP says...

Serves the stupid government right for allowing the dam Haitians to fester here in the first place.

Now "their Haitians" are going to destroy them as well as the country!

Posted 30 September 2015, 8:24 p.m. Suggest removal

sheeprunner12 says...

Sooooooooooooo, who should the Adderley family sue for the Haitian government's negligence for not allowing their son access to a doctor even after much pleading on their behalf???????? ............. where was the good human rights QC then????????

Why should we treat Haitians better than they see fit to treat ours?????? ................ do you remember the "Boycott Bahamas" fool???????? .... That is a genuine nasty feeling that many resident Haitians carry against us .......... even while we give them refuge.

Posted 30 September 2015, 8:39 p.m. Suggest removal

SP says...

You can't read aye?....**Only Haitian lives matter!**

Posted 1 October 2015, 6:56 a.m. Suggest removal

licks2 says...

`That shot is very easily done by a right handed shooter on a person who is lounging head on with the top of the head at waist high of the right handed shooter!!! The shot entered the back of the skull and bounce off the cheek bone and exited the fleshy jaw!! Don't mind this "Next" CASE OF THE GOOG LAWYER WHO IS "looking" for a case that can stick for him to tell the world that the Bahamas don't like and is killing Haitians for nuttin!!!

That shot was consistant with what the Police said. . .a lounging waist attack where the head of the attacker will make contact with the shooter'e right or left waist. . .exactly where the head needs to be for a shot behind the ear like in the picture!

He no longer talking about the Haitian who always getting "beat-up" by Police them!! He should have gone out on Awrawak Cay and find out that girl was all over the place getting in fight with anybody. . .not too stable she was!!

The last fight she got in down there was for coming to work late!! She boss told her she can't come up-in he place so late!! She gone off on him and get fired. She walked right down the road and asked one other Vendor if she could work there. Everybody in the place told the owner : "don't hire that girl. . .her head een good"!

Posted 1 October 2015, 2:42 p.m. Suggest removal

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