Judge rules that gunman unable to pay a fine

An outpatient of the Psychiatric Hospital who was held with a pipegun and ammunition at his house received an early Christmas present when he was given a suspended sentence.

Describing it as a “difficult decision”

Justice Carlisle Greaves’ ruling allowed McPherson Lee-Anderson Dacosta Mayers of Church Gap, Hillaby, St Thomas, to spend the Yuletide season with his family.

He had previously pleaded guilty to having a firearm and two rounds of ammunition on January 6, 2016.

According to the facts of the case, on that date, police executed a search warrant at Mayers’ home and their search uncovered two shotgun cartridges in a bedroom.

When asked if he had a permit for the ammunition Mayers replied, “Dem is there for my protection. Wanna got wunna one, I got mine.”

When he was asked if he had a shotgun he told police, “Yes, it out there by the cellar.”

However, he refused to take police to the area where the firearm was hidden.
When the shotgun was found by police Mayers told them he had it for his protection because he was tired of people “unfairing” him.

In handing down his sentence Justice Greaves said he took several factors into consideration.
He pointed to the fact that Mayers was an outpatient at the Psychiatric Hospital where he had been diagnosed as suffering from schizophrenia.

Justice Greaves admitted that while the court had moved towards imposing fines upwards of $25, 000 for firearmrelated offences in recent times, this particular situation was a unique one.

He noted that he did not believe Mayers was in a position financially to pay a fine.

“In this jurisdiction in recent times, we have opted to impose fines rather than incarceration, somewhere in the range of $25 000 and up for the possession of a firearm and ammunition.

“Having regard to the particular circumstances of the defendant of the now convicted man in this case I am not of the view that he is able to pay a fine.

I have come to that conclusion after taking into account the findings in his probation report,” Justice Greaves said.

He said Mayers worked at the National Housing Corporation for 19 years before he was rendered disabled in his right hand due to a cutlass attack.

He said the convicted man was currently unemployed and receives disability benefits.
Justice Greaves said it appeared as though Mayers was a “magnet for trouble and violence towards himself”.

He revealed that Mayers had been involved in an accident in which he sustained serious head injuries and had also been struck with a rock in his head by an assailant.

Justice Greaves acknowledged that while he had a duty to protect Mayers and his community, he also had a duty to balance his needs.

He said he did not deem it fit to imprison him simply because he was not in a position to pay a fine while others were in a position to do so.
As a result, he said would impose a suspended sentence on Mayers.

“I will err on the side that under a course of supervision by a strong probation officer whom I consider would be capable of assisting the defendant where he may need such assistance from time to time in his daily life, together with the supervision to ensure that he receives his medication for the control of his mental illness, that I will at this time by Randy Bennett impose a suspended sentence together with a probation order,” Justice Greaves said.

“The starting point therefore I consider to be at eight years in prison.

That is calculated at 2920 days. From that, we subtract one-third for his guilty plea leaving us at 1947 days.

From that we subtract the 623 days in custody leaving us with 1324 days or approximately three and a half years. I will round that all off at three years in default. The sentence, therefore, is three years imprisonment in respect of each count to run concurrently suspended for three years.”

Justice Greaves urged Mayers to comply with the directions of the probation officer and to take his medication and attend the Psychiatric Hospital as scheduled.

Crown Counsel Neville Watson appeared on behalf of the Crown while Queen’s Counsel Michael Lashley and Sade Harris represented Mayers.