A man accused of robbing three tourists at the Queen’s Staircase was shot after he allegedly tried to disarm an officer, a Supreme Court jury heard on Friday.
Timothy Gooding Cole is accused of robbing Kelly Greer of a diamond and gold ring and a black and sliver ring; John Tomlinson of a gold rope chain and $35 cash and Frank Romeo of $5 on October 11, 2009.
Cole, who is in custody, has denied the allegations at his trial before Justice Guillimina Archer-Minns.
Retired Corporal 119 Fredrick Delancy testified that on February 19, 2010, he was part of a special operations team aimed at disrupting criminal activity.
Delancy said that while on patrol on Carmichael Road, he saw a red car speeding west. As a result, the officers turned around and pursued the vehicle.
Delancy said the officers saw the car at a stop in front of a liquor store near Gladstone Road. He said he was unable to see inside the vehicle due to heavy tints.
The occupants were ordered to come outside.
Delancy recalled that Cole lay on the ground and officers discovered that he had a gun in his waist and was wearing a bulletproof vest.
He said that Cole was arrested and placed in his patrol car, which headed to Cole’s home on Firetrail Road to search for firearms, drugs and other wanted persons.
Delancy said the officers and Cole, who was handcuffed in the front, got out of the car.
He recalled, “Mr. Cole spun and grabbed my long gun. We started to struggle for the gun, and I said, ‘Let my gun go.’”
Delancy said he reached for his sidearm and shot Cole twice in the legs before he struck him in the head with his M-4 rifle.
He said that he and Officer Sweeting jumped on Cole before they cuffed him behind his back.
Delancy said officers then called an ambulance.
The prosecutor, Kenny Thompson, asked Delancy if he or anyone in his presence threatened Cole to cooperate with police.
Delancy said this did not happen.
In cross-examination, defense lawyer Nathan Smith suggested that Delancy shot Cole three times.
However, the officer only recalled firing two shots.
Smith said, “Do you agree with me when you shot Mr. Cole, he was cuffed?”
Delancy said that Cole was cuffed to the front.
Delancy denied suggestions that he was lying about Cole’s alleged attempt to disarm him.
He also denied that Cole was taken to the firing range and interrogated.
The trial continues today.
Perry McHardy appears along with Thompson, and Kareem Higgins also represents Cole.
