Nyron Erickson, 21, pleaded not guilty to landing without leave from an Immigration Officer in addition to other charges. Photo: VINO

The defendant, Nyron Erickson, 21, pleaded not guilty to landing without leave from an Immigration Officer; refusing to stop a vessel when required to do so by the Customs Department; negligence in navigation of a vessel; and knowingly assisting a person to land at a place not designated as a port of entry. He is represented by Attorney-at-Law Stephen Daniels.

Gilbert said he observed a go-fast vessel containing the defendant heading towards the Police vessel from the direction of Steel Point apparently being pursued by another vessel. The other vessel in pursuit was determined to be the US Border Patrol Customs vessel.

As the vessel was approaching at great speed, Gilbert said the Captain of the Defender had to make a sudden turn to get out of the way of the oncoming vessel.

“Immediately on that turn, I was thrown from the Police vessel into the water. As I surfaced, I observed that [Constable] Stoutt was also in the water next to me,” Gilbert testified.

Gilbert, who testified that he had been in the Marine Unit for 15 years, said he felt a sharp pain at the base of his neck and at his lower back as well as pain to his right arm after being thrown into the water.

He said seconds after they had been thrown to the water, the duo was recovered by the Defender and continued in pursuit of the defendant’s vessel which was found just inside of the Smuggler’s Cove beach area.

Gilbert said he saw two persons aboard the oncoming vessel but when the vessel was approached on the beach at Smuggler’s Cove, there was only one occupant, the defendant.

The Officer further testified that a search team was deployed to find the other occupant of the vessel but this proved to be unsuccessful. He also told the court that there were persons both in the water and on the beach at the time the incident occurred.

Loud Hailer not present during chase

Meanwhile, Customs Officer Gurvin Stoutt told the court that Erickson’s vessel had been approaching the beach at such excessive speed that it appeared to be airborne at times.

He further stated that the Police vessel had displayed flashing blue lights as the defendant’s vessel approached but there was no loud hailer aboard the vessel asking the defendant to stop or slow down at the time.

Allegations against the defendant stated that the police loud hailer was used to attract the attention of the occupant(s) of the vessel occupied by the defendant and bring it to a halt.

Stoutt said he did not receive any injuries after being thrown into the water.

Erickson remains on bail and will return to court on May 20, 2014.