DPP seeks death for triggerman in murder of Paulwell’s daughter, her mom

David Smith, unrepresented by an attorney and accused of pulling the trigger in the murder of politician Phillip Paulwell’s 10-month-old daughter, Sarayah and the child’s mother, Toshyna Patterson, yesterday insisted he was innocent. His declaration came after he was served with papers by the prosecution, which is seeking to ensure that he receives the death penalty.

Smith is facing charges alongside alleged mastermind of the murders Leoda Bradshaw; her cousin, Roland Balfour; former co-accused Roshane Miller; Richard Brown; and Bjon Black.

Balfour is alleged to have brought the other men together to commit the murders.

During Smith’s first court appearance yesterday at the Home Circuit Court, he was informed of the major accusation against him by the prosecution, represented by Paula Llewellyn, director of public prosecutions.

After Llewellyn read the accusations on record, Smith raised his hand, to which the judge, Justice Vinette Graham Allen, said: “Can somebody speak to Mr David Smith? His hand was up, and I’m not going to ask him what he wants.”

Attorney Deborah Martin, who is representing Bradshaw, then went to Smith, and the judge became lenient and decided to hear the accused man’s concern.

“I did not do no murder,” Smith insisted.

To this the judge responded: “Remember, I give you a document ... . When you get a lawyer ... , you give the lawyer that paper. So, you tell me now, me talking to you, what you don’t understand? Tell me.”

Said Smith: “Uhm, yuh honour, uhm, I don’t understand why I get this paper because I don’t do any murder.”

Graham Allen then shouted in response: “Okay good, so you’re not guilty, man! That’s what you’re saying to me? Don’t do no murder! Is that it?

“That is your side of the story! You did not do any murder. Am I right? So when you get the lawyer, nuh talk to nobody else. Mouth closed. Lock it! Zip it! Until you get one lawyer, you bare your chest. You tell the lawyer everything ... . Keep yuh mouth shut! Zip it until I introduce the lawyer to you in court. You understand me, sah? You hear [wha] mi seh?”

Graham Allen said the case could not proceed until Smith and Black had lawyers.

She then proceeded to finalise a date for the next hearing, which will be on June 13.

“Mek mi tell you di date because di lawyer have to come here on that day, you see, because dis ya case ya nah go draw out,” Graham Allen said to Smith.

Llewellyn said that for this execution-conspiracy-contract murder, the Crown is alleging that on September 9, 2023, Bradshaw took Patterson and the baby and then met up with her co-accused, David Smith and Richard Brown, who has already pleaded guilty after a plea negotiation and is serving his sentence.

Llewellyn said the Crown was also alleging that Smith “was the triggerman” and “therefore, having reviewed the material”, he was being called by the prosecution to join the other accused and was served a notice of intention for the death penalty to be sought for him in the matter.

The judge ordered that they all appear remotely for the next court date set for June 13 at 2:00 p.m.

“The Crown alleges that Mr Bjon Black joined Mr David Smith and Mr Richard Brown, who was the driver of the car which received Ms Patterson and Sarayah Paulwell from the car driven by Leoda Bradshaw, and Mr Black joined his co-accused, his two main co-accused, Mr David Smith in his vehicle driven by Mr Richard Brown, which was then conveying Patterson and Paulwell in the Mountain View area, and the Crown alleges that it was he who handed over a firearm to Mr David Smith at that time, and they all continued to the Wareika Hills area,” Llewellyn said.

“The Crown alleges that it was Mr David Smith who used this firearm to kill Ms Toshyna Patterson and Sarayah Paulwell in the presence of Mr Richard Brown and Mr Bjon Black. Shells were collected at the scene and the bodies were burnt. The Crown alleges that it was Mr David Smith who took a picture of the dead bodies of Ms Patterson and Sarayah Paulwell, which he transmitted by his cellphone on the request and orders to Ms Leoda Bradshaw to show that the contract murder had been duly completed,” she said.

While Llewellyn outlined the allegations, Smith, who was seated and attired in full black and black slippers, bowed his head and clasped his hands for some time in his lap.

Following this, Graham Allen asked Smith to stand and read the notice served on him.

Llewellyn then raised a new disclosure with regard to the matter where Black, who joined the proceedings virtually, had another matter in the Gun Court.

When he was apprehended by the police, the Crown is alleging that he was found in possession of a gun that a ballistics test matches with the one believed to have been used by Smith to kill the mother and child. A request was made for that matter to be transferred to Graham Allen, who is presiding over the double-murder case.

Given that Black had no attorney, Graham Allen requested that two attorneys be assigned to him by the Legal Aid Clinic and that one have in excess of six years’ experience.

Bradshaw, who sported a natural hairstyle and an unkempt weave bun, a black dress with white floral print and grey slippers, sat by herself in the prisoner’s dock while Smith and Balfour sat in another area at the back of the dock.

ainsworth.morris@gleanerjm.com