Human shield in prison breakout sues State

Attorneys Reynold Waldropt, Jeron Joseph and Tim Charriandy are representing Amalgamated Security officer and mother of three Anita Bartholomew, 38, who was on duty at the Port of Spain General Hospital on July 24, 2015.

On that day, Martin, Hassan Atwell and Christopher “Monster” Selby allegedly shot their way out of the Port of Spain Prison on Frederick Street.

Policeman Sherman Maynard was killed and prison officer Leon Rouse was shot and wounded.

Martin was killed during an alleged shoot-out in a guard booth at the hospital and Atwell was murdered after hiding out in Port of Spain.

Selby surrendered to police at the Barataria station two days later and was charged with ten offences including Maynard’s murder.

In their pre-action protocol letter, Bartholomew’s attorneys have given the State seven days in which to acknowledge their letter and 42 days in which to state its position on liability.

They claim the police acted recklessly and negligently when they shot into the guard booth that day as there was no justifiable reason for them to shoot since Martin was unarmed.

The attorneys also argue that Martin posed no threat to either Bartholomew or the police so the use of force was excessive and a clear breach of the police’s Use of Force guidelines.

Bartholomew will be seeking compensation for injuries sustained and pain and suffering as well as emotional and mental distress suffered. She was shot in the right hand.

Her attorneys’ letter, which detailed what occurred on July 24, said Bartholomew was at the guard booth at the Charlotte Street entrance when she began hearing screaming and bawling. Two of her colleagues ran in and one told her there was an escaped prisoner on the compound with a gun.

Martin opened the booth and held on to her, pushing her further into the booth. She was being used a shield, and Martin, her attorneys said, was unarmed.

The letter said without warning or any attempt at negotiation to pacify the situation, the police, who by then had surrounded the booth, pointed guns through the window and opened fire.

The lawyers said Bartholomew kept signalling to the policemen, shouting to them, “Don’t shoot, don’t shoot,” and told them Martin was unarmed.

“In spite of this, the police officers continued to shoot into the guard booth and into her direction and that of Martin,” the letter said.

“At that point, Ms Bartholomew was in front of the man who was attempting to hide behind her.

At no point in time was this man shooting at the police officers.

At no point in time was this man threatening Ms Bartholomew in any way. At no point in time was this man Martin threatening the police officers.” She said her colleagues also shouted to the police to stop shooting, but they continued.

“The man who was holding Ms Bartholomew drifted. She observed blood on him and on the ground. There was also a great deal of blood on her body. She heard further shots being fired into the guard booth which were extremely loud. She attempted to cover her face with her hands. Suddenly, she felt a burning sensation in her right hand. She had been shot. In spite of this the shooting continued.

The man fell to the ground covered in blood. He appeared to be bleeding from his head. He had been mortally wounded,” the letter added.