Asquith John acquitted of the murder of Kevin ‘Bread’ Toby

Now that Asquith John no longer has a murder charge hanging over his head, he plans to travel to the United States to see his daughter graduate.{{more}}

John, a vendor of Questelles, was on Monday, January 9, 2012, acquitted of the murder of Kevin ‘Bread’ Toby at Questelles.

Toby, 24, of Choice Hill, Questelles, was shot in the head some time after 8:00 pm on March 22, 2011.

“I feel okay now because of the situation I been in and I know I have kids out here,” said the father of two shortly after his acquittal.

John said he was always confident that he would regain his freedom because he knew that he had a good lawyer.

He stated that he and the deceased were friends.

“I was confident all along. I know I am innocent and I know I would get out,” John related.

John openly thanked his lawyer, Ronald Marks for being patient with him throughout his time spent on remand.

After the testimony of five prosecution witnesses during the Preliminary Inquiry last week, the case took a sharp turn when the matter reconvened at the Serious Offences Court on Monday, January 9.

Key prosecution witness David Bennett of Kingstown told the court he was not giving any testimony in the matter.

“My life is in danger. I am not giving any evidence,” Bennett declared.

John’s attorney, Ronald Marks, in addressing what took place, told the court that he had really been looking forward to cross-examining Bennett.

Prosecutor Adolphus Delpesche asked that the matter be stood down so that he could seek instructions on how to proceed in the matter.

Upon his return about five minutes later, Delpesche informed the court that he had spoken with the Director of Public Prosecutions and was directed to close the prosecution’s case.

Chief Magistrate Sonya Young then upheld a no-case submission and John was discharged.

Defence Attorney Marks told SEARCHLIGHT that the prosecution’s entire case was based upon Bennett, who Marks alleges falsely reported to the police that John told him that it was he who shot Toby.

Marks said he believes that Bennett was motivated to say what he did was because John had told Bennett’s landlord about certain practices that take place in his apartment.

John’s mother, Patricia John, said she can now breathe a sigh of relief that her son is free. “I feel good now. I know my son ain’t in them kinda things dey. Whenever I want a few things, I could always depend on him…,” she said, as she placed her hand around her son’s waist.(KW)