A security guard who stole a cellular phone at a business where he was stationed has been placed on a bond for a year.
If Shavon Lamar Welch Chery, of Sugar Hill, St Joseph breaches the order imposed by Magistrate Kristie Cuffy-Sargeant he will have to pay the court $1,500 forthwith or spend three months in prison.
The first time offender also has one month to compensate the complainant, Linda Bourne, $800 for stealing her device on January 25.
Officer Victoria Taitt who outlined the facts said Bourne entered Sol Service Station located at Collymore Rock around 3 p.m. She put the phone down while shopping in the pastries area and forgot it there when she went to the cash register. At the same time Chery was observing the shopper and watched as she left the establishment leaving the device behind. He then took it up, went into the bathroom on the outside and attempted to unlock it. He was unsuccessful and in an attempt to conceal the phone threw it on the roof.
Bourne in realising that the device was missing reported the matter to the police. The CCTV footage at the service station showed Chery taking up the item, placing it in his pants pocket before exiting. The phone was retrieved with the use of a ladder. It was damaged.
The prosecutor said when Chery was detained he expressed remorse for his action and apologised to Bourne.
In mitigating on his behalf attorney-at-law Kaviar Callendar told the magistrate his client was not known to the court, was remorseful and had made a mistake.
However, Cuffy-Sargeant stated that based on the facts the accused’s actions were preconceived. “He did not keep the complainant under observation because he thought she was about to commit a crime, but because he intended to commit an illegal act.”
The judicial officer added: “He had an ulterior motive and he is a security guard, so the guard needs watching. He took the complainant’s phone and then threw it on the roof, his intention was clear from the get go. He panicked because he could not get it opened.”
She then handed down sentence but said if Chery serves the bond “successfully” his record will be “kept clean”.
Chery will reappear in the District ‘A’ Magistrates’ Court on February 28 in relation to the $800 compensation for the phone. If he fails to pay the amount he will spend one month in prison.