Lawyer says prosecution withheld vital evidence in Too Cool case

Defence lawyer Grant Connell quoted Barbados Prime Minister Mia Mottley’s speech to the United Nations in September as he urged the Kingstown Magistrate’s Court to free popular DJ Too Cool Chris of a wounding charge over his shooting of a man three times in Kingstown.

Connell argued that the prosecution had withheld vital evidence about the psychiatric history of the virtual complainant, Kevin Patterson and also did not call as a witness a police officer who witnessed the shooting.

Connell told the court that Mottley said, “In the absence of truth, trust deteriorates… When we lack truth and we lack trust, law becomes theatre, news becomes spectacle and science becomes just another opinion.”

Too Cool, whose real name is Christopher Jones, is charged that he unlawfully and maliciously wounded Patterson by shooting him about the body in Kingstown on July 4, 2024.

Jones said he acted in self-defence when he shot Paterson with his licensed firearm.

He said that Patterson had pelted four bottles at him about 30 minutes earlier and was reaching inside his (Patterson’s) bag just before he shot him on Bay Street while on the way to the police headquarters to file a report.

Connell presented his closing submission immediately after the Prosecutor, Sergeant Shamrack Pierre, had done similarly on Sept. 29, arguing that Jones took advantage of Patterson.

Prosecutor ‘skillfully meandered’

The lawyer said that the prosecutor had skillfully meandered his way around the evidence in the case.

He said that disclosure was first given on Sept. 10, 2024, and included a statement each by Patterson and the investigating officer, Police Constable Ozias Patrick.

Further disclosure was given on Nov. 21, 2024 and included a statement by a witness, Police Constable Jahshem Lynch.

Connell said that at the request of the defence, there was disclosure of a psychiatric report on Dec. 9, 2024, that did not form part of the initial investigation.

At this point, the lawyer asked Senior Magistrate Tammika McKenzie, who was presiding, if the court had that report. The magistrate said that it was not tendered into evidence.

Connell asked for some guidance from the prosecutor but the magistrate said that if the document was tendered, her notes would reflect this.

Continuing his submission, Connell pointed out that Julian Richards testified that on July 4, 2024, he was driving down Bay Street when he saw Jones walking down the same street with a firearm in his hand.

The lawyer appeared not to recall if Richards had said 40 kph or mph but asked the court to dismiss Richards’ evidence.

He noted that the late counsel, Arthur Williams aka King Arthur, who Pierre had also quoted, used to say that the court must apply common sense.

“You are driving at 40 kilometres or 40 miles per hour down Bay Street. At any speed, between 3.3 kilometres or 3.3 miles, you would have covered in the five minutes he said he spent looking,” Connell said.

“Is this court going to believe anything he said?” the lawyer said, adding that a man driving at that speed noticed a man with a firearm.

Connell said that, interestingly, Richards’ evidence was that Jones was following the man (Patterson).

“This is the 40 miles per hour man,” the lawyer said and renewed his call for the court to dismiss the evidence.

“He said he thought he was in Mexico. He never visited Mexico,” Connell said, adding that maybe artificial intelligence was guiding Richards’ perception.

He said that up to that point in Richards’ evidence, the court was led to believe that Jones was following Patterson with a firearm in his hand.

“It is physically impossible for his evidence to be believed.”

Police ‘guided by a potential crazy man ‘

In analysing the evidence of the virtual complainant, Connell said this evidence was disclosed to the prosecution, adding that Pierre said that the request for further disclosure resulted in a psychiatric report being generated.

“Under cross-examination, the investigating officer said that he was aware of it and it was done…, but the prosecution did not tender that document nor did they call the author of that document, the doctor,” the lawyer said.

He said the court heard that the commissioner of police (COP) instructed the investigating officer to arrest Jones before the investigator or even started the investigation.

“… the … evidence we have is that the VC visited the mental institution, means that the commissioner of police was guided by a potential crazy man.”

Connell said that when the case came before the court, the prosecution had a psychiatric report on Patterson and failed and or refused to tell the court.

“What is the inference to be drawn? Is the court to guess as to his mental state?”

Connell said Patterson denied even being admitted to the psychiatric hospital, adding that this compounds the issue.

“You wonder who really crazy in preparing this entire case.”

The lawyer argued that Patrick’s investigation fell short of proper policing.

“It was atrocious,” Connell said, acting that the constable acted on instructions of the commissioner of police, although his investigation was incomplete.

“He arrested Jones, brought him to the station. Therefore, acting on the instruction of the commissioner of police, putting the cart before the horse to satisfy what I suggest is a trial of public opinion.”

In highlighting why Patrick’s investigation was a failure, Connell said that the officer went to the scene on the night of the incident but failed to secure “the offensive weapons”.

“Imagine that. The investigating officer was not made aware of a weapon in a bag until an officer handed it over to him while the VC was comfortably seated in a bed at the hospital.”

Connell said that Patrick exposed every officer in the back of the police vehicle that took Patterson from the scene of the shooting to the hospital.

He said that Patterson could have taken the knife he had in his bag and slashed the throat of every police officer in the back of the vehicle.

“That is good policing. Up to today, he has not been charged with possession of an offensive weapon.”

Patterson was tried at the Calliaqua Magistrate’s Court and found not guilty of a charge that he assaulted Jones on July 4, 2025.

Police eyewitness not summoned

Connell pointed out that in the disclosure, Lynch had been listed as a prosecution witness.

The prosecution did not call Lynch to testify. However, Connell summoned him as a witness for the defence.

Connell noted that Lynch testified that when Patrick visited the scene on the night of the shooting, he indicated to him that he had witnessed what happened, but the investigator told him that he did not want a statement from him.

“Lynch was an eyewitness. His evidence in chief was a regurgitation of the statement he gave to the police. My point is that the prosecution chose to not use a witness who was first on the scene,” Connell told the court.

However, the magistrate pointed out that Lynch’s written statement was tendered as his evidence in chief.

McKenzie said Connell’s comments had suggested that Lynch had come to court and given oral evidence that was a regurgitation of his written statement.

Connell said Lynch gave evidence of what was said by Jones and Patterson.

Patrick was made aware of what was said and, to date, has not charged the VC with using threatening language. Again, proper policing,” Connell said.

Connell said the prosecution had noted that Jones was walking with a firearm in his hand, although he is not a police officer.  

“Is there anything illegal about a licensed firearm holder holding a firearm in his hand? Does that catapult him into being in possession of an illegal firearm? No!” the lawyer said.

He said Patrick was aware of the statement Jones gave about how the incident started at Heritage Square.

“Patrick, to date, has not gone back to Heritage Square to check that evidence. Patrick did not carry Lynch back to the scene to point out anything, to date.”

He said that Patterson, the same person on whom the psychiatric report was prepared, told the court that he did not have a knife or a box cutter.

However, the prosecutor provided evidence that Patterson had two knives, a box cutter and a bag.

Connell said Lynch did not mention a bag in his initial statement, and he was requested to give a further statement.

In that second statement, he said that Patterson was fiddling with a bag five feet away from Jones.

“It is very disturbing to know that the prosecution’s potential witness in Lynch was the only eyewitness — a police officer who witnessed this and they refused to lead his evidence.

Connell explored the subjective and objective tests of self-defence in law.

He said the evidence before the court, as far as what Lynch said, is that Patterson was following Jones and saying, “I will kill you tonight.”

“The man didn’t say, ‘I will injure you tonight.’ The man didn’t say, ‘I’ll castrate you.’, The man didn’t say, ‘I’ll stab you.’ The man said, ‘I will kill you.’   

“The defence humbly submits that Jones acted in self-defence.”

The lawyer noted that in his evidence, then-acting Assistant Commissioner of Police Trevor “Buju” Bailey, responding to a scenario about dealing with people with mental issues, said one has to be careful.

He further noted that Bailey, when the scenario was put to him of someone who is five feet away saying, “I will kill you”, said he would neutralise the situation.

He said Bailey had said very similar words to what Jones said to the court.

Connell said that Jones testified in his own defence, saying he was at Heritage Square when bottles were thrown at him.

The lawyer noted the prosecutor had noted that Jones did not pull his firearm when the bottles were thrown at him.

“Not once did the prosecution say that someone threatened to kill Jones, and given that threat, his reaction, his state of mind, that he genuinely believed that force was necessary.

“It is common sense. A man is approaching you; he has a bag, he pushes his hand in the bag. What is Chris Jones to do? Wait until that person who is five feet away … pulls his hand out the bag to see what it is — a gun, a knife, a baton, a cutlass?

“Chris Jones said he neutralised the threat. Three quick shots.”

Connell noted that Lynch said that the shots were at about two-second intervals.

“Again, ‘King Arthur’ and common sense — a man is five feet away from you, check the–” Connell said and stretched out his hand as if holding a gun, adding, “And still neutralise the threat and ain’t kill him …”

The lawyer noted that the prosecutor had suggested that it is impossible for someone who is shot at such a close distance to move in time so as to be shot in butt, having been facing the person when the shot was fired.

“I’ve never been shot, but I very much doubt if you get one you would stand up and say ‘Thank you. Give me the one here, please.?’ It doesn’t work so,” Connell said, triggering some giggles in the public gallery.

He said that the prosecutor started to, but did not break down the elements of self-defence in law.

The lawyer mentioned the reasonable belief of imminent harm and the use of reasonable force.

He pointed out that Jones testified that Patterson had put his hand into the bag while threatening to kill him.

“It is the breakdown in society that is now affecting or attempting to affect the law. Here is a prosecutor telling you that a potential crazy man walks up to a citizen and says, ‘I will kill you’, and he is saying that a licensed firearm holder is not justified in what he did.”

The lawyer said that the self-defence law says a person under threat has a right to first strike.

“It also says you cannot determine the niceties of the injuries sustained when you are acting in self-defence,” Connell said.

“Lucky for he, he’s still alive. As the PM of Trinidad and Tobago said he shoulda empty the clip… Yo going kill me? You have a right to do that?”

The lawyer said that it was disturbing that the file had gone all the way to the Office of the Director of Public Prosecution and the prosecution did not call Lynch as a witness.

The senior magistrate is slated to hand down her verdict on Dec. 10.