Dec. 10, 2007 — Bail was denied and an arraignment date set during an advice-of-rights hearing Monday for Akeel Codrington, 19, charged in connection with the October murder of Carlos Aguilar, who was gunned down after a burglary at his home.
Superior Court Judge James S. Carroll III set Jan. 3 as the date Codrington will be arraigned before Superior Court Judge Michael Dunston on charges of first-degree murder, weapons charges and possession of stolen property, stemming from a burglary and shooting Oct. 16 that resulted in the 52-year-old Aguilar's death 10 days later.
Codrington was formally charged in connection with the slaying Friday, prompting police to set bail at $250,000. Carroll's decision Monday overturned the bail.
Testifying Monday, Detective Albion George said three witnesses identified Codrington as Aguilar's shooter, with the latest witness coming forward Monday morning. When questioned after the hearing, George declined to discuss the witnesses, except to say he conducted the Monday-morning interview on St. Thomas, and he traveled to Alaska and Colorado Nov. 22 and 24 for interviews with the other two witnesses.
Public Defender Julie Smith-Todman objected to the denial of bail, saying she did not believe Codrington was a flight risk, and she challenged the recall ability of the witnesses.
"It is somewhat suspicious coming a month after the incident," she said.
Assistant Attorney General Brenda Scales assured the judge the witnesses were credible.
"It is over a month, but they still recall it vividly," she said, explaining that travel requirements accounted for some of the delay. "Three ID'd him as the shooter, with a silver gun, and not that he shot once, but that he shot two times to ensure the death of the victim."
As for a statement Aguilar himself made following the shooting, the judge cautioned Scales that it may be difficult to win its admissibility in court. At issue is whether the statement is regarded as a "dying declaration," which the judge implied it likely was not, or whether it is an "excited utterance." If the latter, the burden to gain its admissibility is reportedly significant.
"You have an uphill battle in getting Mr. Aguilar's statement into evidence," Carroll said.
As Carroll advised Codrington of his rights, the suspect stared forcefully ahead. When asked whether he intended to hire his own attorney, Codrington said no. Carroll then signed an order for a court-appointed attorney to be assigned to the case, citing Codrington's unemployed status and inability to afford his own lawyer.
Aguilar's shooting happened in broad daylight in front of numerous motorists, many of them tourists. Aguilar's car collided with another vehicle on Smith Bay Road near Sapphire Beach, as Aguilar pursued a car whose occupants he suspected were involved in burglarizing his East End home. Gunfire erupted following the collision, and Aguilar was shot once from a distance. Then the shooter approached and shot him a second time at close range, according to police.
Aguilar was an architect with the firm Springline Architects, and he settled in St. Thomas in 1985. A native of El Salvador, Aguilar was a long-time member of the St. Thomas Yacht Club, where he was renowned for his sailing skills and his mentoring of young sailors. He was also known for his willingness to chaperone regatta competitions, along with his wife and school teacher, Verian Aguilar.
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