By William Kojah Anthony
KINCSTOWN,
St. Vincent, Thu, Oct 18, 2012 - Darron Shallow 20, and Jolaney David, a
22-year-old mechanic, have been put on curfew for five years. They must not leave their homes between
6:00pm and 5:00am for that period.
The
unprecedented restriction was imposed by Justice Frederick Bruce-Lyle at last
Wednesday’s (October 17) sitting of the Criminal Assizes.
In
addition, Justice Bruce-Lyle ruled that should they appear before the courts
within that period and are found guilty of any offence, including breaking the
curfew, they or their parents will have to pay $10,000 or they will spend ten
years in jail.
Bruce-Lyle
warned the youngsters that the Police could visit their home at anytime, and
cautioned the youngsters: “One mistake, and it’s ten years in prison.”
The
judge also had stern words for Shallow’s mother and David’s father. He summoned
them to the dock after lecturing the youngsters.
Pleas for leniency
The
Justice had listened to pleas of leniency from defence lawyers Ronald marks for
Shallow and Jaundy Martin on David’s behalf.
Marks
outlined that Shallow had deepened his commitment to his Church since the
incident.
He
pointed out that “neither of these two was the mastermind,” adding that “the
plot was hatched by ‘South’” and “he (‘South’) has paid the price with his
life.”
Marks
pointed to the incident as something from which young people can learn.
“Either
of these young men could have been dead,” Marks stated.
He
begged the Judge to give his client a “second chance,” adding, “He has shown by
his action that he prepared to uplift himself,.. and would be able to speak to
other young people so that they wouldn’t make the same mistake.”
Martin
painted a picture which outlined David’s character as “quiet and reserved,”
pointing out that ‘South’ had befriended David who at that time was an
apprentice at his father’s mechanic shop.
Martin
noted that David had fallen prey to ‘South’s’ influence, and stated that no one
else beside ‘South’ knew what was going on.
“The
perpetrator dragged these persons into his plan,” Martin pointed out, and asked
the Judge to “temper justice with mercy” by imposing a non-custodial sentence.
Pointing
out that for the men there were many opportunities lost, but that his client
can still do better, he urged Justice Bruce-Lyle to “give him (David) a
chance.”
Change of pleas
Shallow
and David had pleaded not guilty at first to four counts including attempted
robbery. Their charges stemmed from an incident at Chewee’s Chill and Grill,
Villa, on Saturday, July 23, 2011.
The
two accused faced four charges but last Wednesday, they changed their pleas.
Both men pleaded guilty to attempted robbery. Shallow pleaded guilty, while
David pleaded not guilty to charges inclusive of possession of a firearm, and possession of a
firearm and ammunition, without licence.
Director
of Public Prosecutions Colin Williams was “reluctant” to accept the not guilty
pleas by David.
Williams
outlined the facts surrounding the incident.
The
two accused were among four who boarded a car at Belmont on the night of
Friday, October 22. They were expected to head for a beach party.
They
stopped at Chewee’s Chill and Grill sometime in the early hours of Saturday,
July 23, where they bought three bottles of water, the proprietor, Truman
Quashie, serving them himself. At around
3:10am, the quartet rolled into action.
They
were all armed, but before their guns could begin blazing, ‘South’ was shot and killed by an alert Quashie.
The
others including a 15-year-old, escaped, but the getaway car could not be used.
The keys to that rental vehicle were in the dead man’s pocket.
Director
of Public Prosecutions Colin Williams noted that the offences carried stiff
penalties. He pointed out, however, that “each situation is tailored by the
specifics.”
The
DPP made it plain that sentencing was outside his domain, and stated: “I do not
venture into the realms of sentencing.”
Strong words for the accused
Justice
Bruce-Lyle scolded the youngsters for having brought shame on their parents.
The
Judge noted Shallow’s performance at the Common Entrance and asked: “This is
what you want to do with your life?”
Pointing
to David, Justice Bruce-Lyle indicated that the family mechanic shop was there
for his inheritance.
But
the Justice did not seem pleased with the men’s action, and burst out, “He
should have shot all of you.”
He
described the youngsters as “menaces to society”, but acknowledged that they
were “influenced by ‘South’ ” and that “you have been traumatized by this. I
know.”
Bruce-Lyle
revealed that he knew the proprietor as a hardworking man, who had suffered at
the hands of robbers on several occasions. He threatened to send the accused
men to jail, but that measure was altered because “South was shot.”
“Too
many of our youngsters are qualifying as criminals,” Bruce Lyle added.
There
was a period of silence, broken only when the Judge announced his imposition.
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