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UPDATE: Witness alleges seeing Alberto Rosa De La Rosa‎ with a knife

- bar owner testified accused had smashed open bar door following a 'commotion'
Manslaughter accused Alberto Rosa De La Rosa leaving the High Court after his trial got underway on October 7, 2015. Photo: VINO
Alberto Rosa De La Rosa is charged with unlawfully causing the death of Ricky Bautista Familia aka Macoticea on Friday November 16, 2012. Photo: VINO/File
Alberto Rosa De La Rosa is charged with unlawfully causing the death of Ricky Bautista Familia aka Macoticea on Friday November 16, 2012. Photo: VINO/File
Riky Bautista Familia aka Macoticea was fatally stabbed on November 16, 2012. Photo: Team of Reporters/File
Riky Bautista Familia aka Macoticea was fatally stabbed on November 16, 2012. Photo: Team of Reporters/File
ROAD TOWN, Tortola, VI – The trial of Alberto Rosa De La Rosa aka Pi Yoyo, who allegedly inflicted a fatal stab wound to the chest of Riky Bautista Familia aka Macoticea, got underway in the High Court yesterday October 6, 2015 with one of the witnesses testifying that he saw the accused with a knife in his possession on the night of November 16, 2012.

Three witnesses were called to give testimony as the trial progressed apace; Police Detective Constable Forbes Washington of the Royal Virgin Islands Police Force, Mr David Anderson, and the owner of Jasmaine’s Bar Ms Ruth Maria Smith. Ms Smith is the proprietor of the bar where the incident allegedly occurred. During the hearing, the bar was referred to also as Maria’s Bar.

It was Anderson who testified that he had seen De La Rosa brandishing a black handle knife on the night in question. This he told the court as he recalled seeing Macoticea arriving at the Sea Cows Bay location in a small white car in the company of two others. He only knew the deceased by the name Macoticea and the accused Pi Yoyo. He also said that the accused was a good man who was also his barber. He also knew him as a DJ.

‘Joking around’

Anderson testified that Pi Yoyo arrived at that location after the victim and as the accused was still outside of the bar the deceased was ‘joking around’ saying to the accused, “Pi Yoyo, Pi Yoyo, Pi Yoyo.” He said the accused had turned back and the joking around continued. He alleged that it was around the time of the ‘joking around’ that Macoticea realised that he had a cut to the neck.

The witness alleged that he saw when Pi Yoyo took a blade/knife out of a bag he was carrying during the ‘joking around’. The description of the knife matched one of two knifes shown in photographs during the testimony of police officer Washington.

Commotion

The owner of the bar, Ms Ruth Maria Smith testified that the accused was drinking ‘Brugal shots’ that night as she said she had given him a complimentary round. She said he had other shots but she couldn’t recall what the others were.

Ms Smith told the court that it was after she had gone into the music cabin to change the music at the request of one of her customers that she was alerted to something going on by the loud screams in the bar.

She said she immediately hid behind the bar and attempted to call the police with her mobile phone but because of her nervous state she kept dialing 119 instead of 911. She subsequently called “her police friends.”

She also told the court that she had ordered the doors to the bar be closed and most of the patrons had gone on the outside. However, while the doors were shut she recalled the accused smashing down the front entrance glass and wooden door, entered the bar and went back out at a pace.

Ms Smith said that was the last time she laid eyes on the accused until seeing him for the first time again yesterday at court during the trial.

The trial is expected to continue today, October 7, 2015.

See previous article published October 6, 2015

De La Rosa manslaughter trial underway

The jurors presiding over the manslaughter trial of Alberto Rosa De La Rosa‎ were advised today October 6, 2015 that among the evidence likely to come forward is the fact that the victim Riky Bautista Familia aka Macoticea was injured twice.

The trial got underway today and, in his opening address to the jury, Senior Crown Counsel Valston Graham highlighted three incidents that preceded the discovery of the victim's lifeless body.‎ Senior Crown Counsel Leslie Ann Faulkner is assisting Graham in the matter that is being heard in the High Court by Justice Vicki Ann Ellis.

Those were an alleged altercation between ‎De La Rosa and the victim which first resulted in the victim sustaining a wound to the neck. The second was of the victim allegedly dealing the accused a blow with a beer bottle and the third being the accused allegedly stabbing the victim in the region of the chest.

The alleged incident took place on November 16, 2012 at Maria/Sandra Bar in Sea Cow’s Bay‎.

The ill-fated fight occurred after the deceased, having left the bar, touched his neck and realised that there was blood. He then went back into the bar and pushed De La Rosa and the second fight ensued when it was realised that the victim was stabbed in the chest. The victim ran to the outside of a back door but collapsed some 10-12 feet away from the door.

Following that episode the defendant allegedly continued his raged behaviour as he confronted several other patrons who were at the bar and in their defense they warded him off using pool sticks. Familia was found face down when police arrived on the scene and was pronounced dead on the spot.

When police officers arrived on the scene they were unable to locate the suspect. They later learnt that he had fled to the USA. De La Rosa was subsequently extradited to the VI (British) in 2013 and after being left off the list of cases in 2014, the trial finally started yesterday with the selection of the jury panel.

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