Oranjestad- The Prosecutor’s Office (OM BES) has decided to dismiss a case against an off-duty police officer in St. Eustatius who had drawn allegedly his gun during a brawl on November 2, 2016. A criminal investigation was launched by OM BES on November 3, 2016, whereby the police officer and later a civilian were identified as suspects. The investigation was conducted by the National Detectives Agency of Sint Maarten, led by the Prosecutor’s Office. Besides the two suspects, a total of 12 witnesses were heard during the investigation.

In the both cases the Prosecutor’s Office considers that no further prosecution of the suspects should be initiated and has dismissed both cases. In the case against the civilian is the Prosecutor’s Office comes to the conclusion that there was a lack of convincing evidence partly from insults and pushing and pulling back and forth. In all other respects the civilian in question has been affected by what had occurred during the incident and the investigation launched afterwards.

In the case of the police officer the Prosecutor’s Office considers that it can be assumed that the officer was under the impression that the civilian would have possibly draw a weapon, because in the heat of the confrontation, whereby the officer would have received blows, the citizen reached for his waistband. In view of this, there had been a supposed self-defense situation, in which the officer was allowed to defend himself. Regarding the entire course of the confrontation, this assumption is conceivable the Prosecutor’s Office concluded.