Director of Public Prosecutions (DPP) Roger Gaspard, SC, has discontinued the State's case against a 29-year-old man accused of assaulting Inspector Roger Alexander almost 15 years ago.
Gaspard filed the notice of discontinuance against Samuel DeLeon just as his case for assaulting Alexander by threatening him with an imitation firearm was set to go on trial before Justice Hayden St Clair-Douglas at the Hall of Justice, Port-of-Spain.
According to evidence in the case, the incident occurred on December 7, 2005, while DeLeon, who was 15-years-old at the time, was walking near to the Aranguez Savannah.
Alexander, who currently co-hosts the T&T Police Service (TTPS) programme Beyond the Tape on television station TV6, was allegedly driving through the area with two colleagues when they attempted to stop DeLeon, who was allegedly behaving suspiciously. DeLeon allegedly ran away through the open space and the officers chased after him. DeLeon reportedly turned around and pointed an object resembling a firearm at them. Alexander drew his firearm and fired three shots and DeLeon was hit on his leg.
When he was discharged from hospital, DeLeon was charged with assaulting Alexander and possession of an imitation firearm, which was a broken umbrella handle.
After his first court appearance, DeLeon was sent to the St Ann's Psychiatric Hospital for evaluation. In his evaluation report, doctors claimed that he was of unsound mind at the time of the incident as he was suffering from depression and attention deficit hyperactivity disorder (ADHD).
A second evaluation was done in 2017 while DeLeon was waiting to go on trial. While that report said DeLeon was then of sound mind, it also stated that the findings of the first report could not be challenged.
When the case came up for hearing before St Clair-Douglas on February 4, DeLeon's lawyer Chase Pegus was asked to identify the defences he wished to raise at the trial. After Pegus pointed to the reports on DeLeon's sanity and his other defence of denial, St Clair-Douglas granted an adjournment for Gaspard to decide whether his office would continue to prosecute the case.
When Gaspard's notice of discontinuance was presented by State prosecutor Danielle Thompson yesterday, St Clair-Douglas immediately discharged DeLeon.
DeLeon has already signalled his intention to file a complaint with the Police Complaints Authority (PCA) over Alexander's alleged conduct in the incident.