Jury convicts 2 for Attempted Murder, but Judge releases 1

Two men, who were convicted of Attempted Murder on December twelfth, were back in the Northern Session of the Supreme Court today for sentencing. But only one of them is in prison tonight after a decision by Justice Denis Hanomansingh. Darwin Diaz was sentenced to twelve years in prison, while Wilbert Cuellar was discharged by the judge, despite the jury’s guilty verdict. It’s an unusual case in which   Justice Hanomansingh said he is not convinced that Cuellar was given a fair trial since a witness, who he believes could have assisted the jury, was not called by either the prosecution or the defense. And while Cuellar had the right to appeal the decision, judge Hanomansingh went on to say that he did not think that Cuellar should have to exercise that right because any time spent in prison would be unjust. The judge then used his inherent jurisdiction and stayed the indictment in relation to Cuellar, who was then free to go. The D.P.P.’s office has given notice that it will be filing an appeal. Diaz and Cuellar were on trial for the attempted murder of Josue Chay. The incident was the result of an altercation between Diaz and Chay at a football field in Orange Walk. Chay was brutally chopped on the arms and head after which Cuellar intervened and hit him on the head with a cement block.