Cummings Wins Lawsuit Over Alleged Prison Beating Incident

Lawsuit Victory for Man Awaiting Trial in Dana Seetahal Murder Case
Devaughn Cummings, one of the men awaiting trial for the murder of Senior Counsel Dana Seetahal, has won a lawsuit regarding an alleged beating he suffered during a riot at the Maximum Security Prison in Arouca at the onset of the COVID-19 pandemic in 2020. High Court Judge Carol Gobin upheld Cummings’ assault and battery claim after a trial that concluded yesterday.
Although Cummings has succeeded in his case, he will have to wait several months to determine the amount of compensation he will receive. Justice Gobin requested written submissions on damages from both Cummings’ attorneys and lawyers representing the Office of the Attorney General (AG). A ruling on the compensation is scheduled for May 24.
In his lawsuit, Cummings described the events of March 17, 2020, when a riot erupted in the prison, fueled by inmates’ fears of contracting COVID-19. He admitted to using a contraband cellphone to live-stream the disturbance on social media. Cummings claimed that after masked police and prison officers quelled the riot using tear gas and rubber bullets, he was removed from his cell, shot three times with rubber bullets, and beaten repeatedly on the head with batons.
Cummings further alleged that he was dragged to a drain, where a prison officer identified as Jevon “Trotman” held his head underwater briefly. Following the incident, he was taken to the Eric Williams Medical Sciences Complex for treatment before being returned to the prison.
The AG’s Office denied any wrongdoing, asserting that officers acted with reasonable force during the incident. During the hearing, acting Senior Superintendent Terry Joseph testified that he was in a different wing of the prison when disturbances were reported from two other wings. He confirmed that the Emergency Response Unit, along with police officers, was summoned to assist in controlling the situation.
Under cross-examination by Cummings’ attorney, Mario Merritt, Joseph was questioned about the T&T Prison Service’s Use of Force policy and whether it allowed for repeated beatings of inmates. He stated that while such actions were not part of the training, there could be circumstances that warranted their use. Joseph acknowledged that only a general investigation was conducted into the incident and could not specify how many of the over 400 inmates involved in the riot were injured.
While Joseph maintained he did not witness the assault on Cummings, Trotman admitted to seeing the incident but claimed he did not report it, stating, “The officers who were hitting him had a responsibility to report what they were doing.” Trotman also expressed indifference to Cummings’ admission of live-streaming the riot, noting that inmates often engage in such behavior.
In her decision, Justice Gobin found Cummings’ account corroborated by Trotman’s testimony and criticized the AG’s Office for not calling the officers allegedly involved to testify about any conduct by Cummings that might have justified the use of force. “That is what the State has to tell me,” she remarked, emphasizing that such evidence could have influenced her assessment of the reasonableness of the force used.
Cummings is among several individuals accused of assassinating Dana Seetahal, who was shot dead while driving her SUV in Woodbrook on May 4, 2014. In July 2020, the group was committed to stand trial for her murder; however, the case has not progressed as the Office of the Director of Public Prosecutions has yet to file the necessary indictment for the trial to proceed.
The AG’s Office was represented by Natoya Moore-Belmar during the proceedings.

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