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Friday, October 19, 2012

FIVE-YEAR CURFEW FOR WOULD-BE ROBBERS



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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