A computer technician who was accused of fatally shooting his cousin during a family dispute has been freed of the murder charge.

A jury retired for 50 minutes on Tuesday and acquitted 48-year-old Barrington Nesbeth of the murder of Howard Richards of Doncaster, Kingston 2.

The Crown led evidence in the Home Circuit Court that, on February 28, 2005, the two men had a dispute over a house at Doncaster which belonged to Nesbeth's adopted mother.

Nesbeth, who was represented by defence lawyers Valerie Neita-Robertson, Tamika Harris and Patrick Peterkin, said he acted in self-defence.

Prosecution witnesses testified that the accused and Richards had a fight and the accused hit Richards with a baton. After the fight was over, Richards was standing at his door when the accused pointed a gun at him. Richards began to run and the accused shot him in the back.

Attacked with machete

A policeman testified that the accused told him that Richards attacked him with a machete and he shot him. The policeman said the accused told him that, while Richards was running, he chased him and shot him a second time.

The doctor who performed the post-mortem testified that there was one gunshot injury to the body. The doctor said the bullet entered the back in the region of the shoulder and exited in the front of the chest.

The doctor said under cross-examination that the injury to the back was consistent with Richards bending forward and turning right while facing his assailant.

In his defence, Nesbeth said Richards and his brother attacked him with machetes. He pulled his licensed firearm from his waist and told them to stop. The brother stopped but Richards attempted to chop him and he fired a warning shot. Richards came towards him a second time and he shot him.

barbara.gayle@gleanerjm.com