Killer gets 48-year sentence for ‘execution-style’ murder

A convicted killer has been ordered to serve at least 48 years in prison before he can be considered for release, after a judge ruled that he posed a “clear and present danger” to the public over the “brutal execution style killing” of a 26-year-old St John man.

“I am of the view that given the cold, calculated way you carried out this murder, in the presence of members of the community openly, unmasked, without you apparently being concerned that you would be identified as the perpetrator, says a lot about your potential threat to members of the public. I am of the view that there is a significant risk that you will commit violent offences in the future,” said Justice Laurie-Ann Smith- Bovell while sentencing Gabriel Shando Hayde in the No. 4 Supreme Court on Friday.

The resident of Colleton, St John, was convicted by a jury last year of killing Sherwin Howell, formerly of Gall Hill, St John, on February 16, 2020.

The court had heard that Howell was speaking to another man outside the man’s house around 7:30 a.m. that Sunday, when Hayde and two other men walked onto the lawn of the property next door. According to the evidence, Hayde walked right up behind the deceased and fired a gun, which he pulled from his waist, several times. Howell fell and died on the spot.

The other man, whom Howell had been speaking to, struggled with Hayde to get the gun, but the now convicted man threw the gun to one of the men who was with him, and, as others began struggling with that individual for the weapon, ran off.

A post-mortem revealed that Howell had died from haemorrhage caused by two gunshot wounds, one of which pierced his spinal column and the other his abdomen.

The judge referenced Hayde’s pre-sentence report, which detailed a troubled secondary school history, as his time there was characterised by suspensions for gambling, skipping classes, and fighting, leading to his expulsion at age 16 while in third form, leaving him without any academic qualifications.

The report also indicated he began using marijuana in his early teens.

She considered the firearm use; the premeditation and planning of the offence; the manner in which Howell was shot, as he had no opportunity to defend himself or take evasive action; that the shooting was unprovoked, as there was no conversation between the two before it took place; that it took place in broad daylight in the presence of members of the public in close proximity, thereby placing them at serious risk of harm or injury; that the gun was not recovered; the prevalence of such offences; and the impact on Howell’s family and the community.

Referring to the now convicted man’s psychological report, showing that his paranoid scale is “significantly elevated”, and that Hayde believed that he is being “treated inequitably and will hold a grudge against others, even if the perceived affront is unintentional,” Justice Smith-Bovell contended, “I am satisfied, based on your action in committing this murder, that you represent a clear and present danger to members of the society, and you are too dangerous to be released back into society.”

She gave a starting point of life imprisonment with a tariff of 46 years before he could be considered eligible for release, but made an upward adjustment of two years due to him being deemed at high risk of re-offending, and his poor pre-sentence report.

“The report reflects that there was evidence of deviant behaviour from a young age, which, based on the pre-sentence report, seems to have been justified, rationalised, and ignored by your parents, rather than rectified. Your criminogenic risk factors are significant. Equally disturbing is that, when this offence occurred, while you were on bail for the offence of serious bodily harm, which included the use of a firearm,” she said.

Acknowledging that youth was often considered a mitigating factor, Justice Smith-Bovell expressed her belief that the age of 24, which Hayde was at the time, was old enough for him to know better and to understand the nature of, and consequences of, his actions.

“When one examines the current trend in society, you recognise that it is young persons who are being charged and being found guilty at times for the shooting down of citizens of this country. Therefore, there must be strong deterrent factor for young men who choose this path,” the judicial officer said.

She ordered that the 1 929 days Hayde has already spent on remand be taken into account, leaving him with almost 43 years of imprisonment before he is considered for release.

Acting Director of Public Prosecutions Alliston Seale SC and State Counsel Paul Prescod prosecuted the case, while attorney Michael Rivera appeared for Senior Counsel Angella Mitchell-Gittens, who represented Hayde.