Offender gets jail time despite plea for suspended sentence

Despite “trying” to keep out of trouble with the law Kirk Douglas Francis found himself before a Bridgetown Magistrate on a new charge recently.

And although he remained silent on his first appearance, he had a lot to say before the No. 1 District ‘A’ Magistrates’ Court this afternoon after being informed that he had not been accepted into Verdun House.

When the 2nd Avenue Alkins Land, Eagle Hall, St Michael resident went before Magistrate Douglas Frederick in late July, he refused to answer any questions when addressed. He was remanded to the Psychiatric Hospital for observation for three weeks and returned to the court earlier this month after experts deemed that he was fit to plead to his charge.

The 39-year-old admitted on that second appearance to unlawfully assaulting Alana Best on July 17. The complainant was at a neighbour’s house socialising when Francis walked up to her and asked, “Where the thing that my father give you for me?”

Prosecutor Victoria Taitt told the court Best was confused about what he was speaking.

As she proceeded to ask Francis to what he was referring, he slapped her on the left cheek and ran away. The matter was reported to police.

“I feel I getting some really, really hard deals.  The court knows me for stealing. This is a simple matter. I know I capable of making changes but I have made some serious changes in my life. Prison is a waste of time sir.

“I want you to take into consideration what I am about to say sir. I went home, I stop stealing, stop breaking into people’s houses. I ask for you to just give me a chance like everybody else,” Francis said to Magistrate Douglas Frederick.

“Give me a chance to prove that I can keep the peace. Give me a bond, a suspended sentence for a lengthy period of time cause it will be hanging over my head. According to the charge I have I am asking you to give me the opportunity to go home and prove to you that I can keep the peace for a year, for two years, for three years cause I made up my mind to turn about my life.  I made up my mind to stop doing foolishness to people and work for whatever I want.”

The magistrate explained to Francis that a structured environment was the appropriate place for him at the moment and reminded him that he had assaulted the woman by slapping her in the face and “she doesn’t even know you”.

The convicted man was informed that he would get three months in prison and the time that he had already spent on remand would be taken into consideration.

“When you come out you do not owe anybody anything. You have a clean slate,” the magistrate said.

Francis admitted that the sentence was “reasonable” but said he preferred a suspended sentence at this time.

“I know I can behave myself, that’s my decision because two months in prison is waste time. I am 39 years old and I was in and out of prison from the time I was 25 years old . . . and this last time I went home I made up my mind that I would stop,” he said. He explained that he assaulted the woman, “because a man give me bad drugs sir, that’s the honest truth”.

“. . . But I made up my mind to turn ‘round my life and stop doing foolishness to get drugs and that’s gospel sir. That ain’t no talk to give an impression to you or anybody. I made that decision that I will not rob or steal anyone in life to get any drugs and that is my philosophy. Why steal today to go to prison, to go and spend a month or two years or three years . . . when I could do without it for the moment till I could get a little job, or beg for a $2 or a $5?

“Only an idiot will continue to be repeating the same offence to go prison . . . I speaking from my heart because I come to realise truth . . . I never had a suspended sentence yet.

“Give me this one chance sir, give me a suspended sentence,” Francis again pleaded adding, “I am not a violent person sir.”

Magistrate Frederick explained that he could not take such a “risk” at this time. “You are a danger to society in the present state that you are in. You slapped a whole woman that you ain’t know.”

When Francis realised that he could not get the magistrate to change his ruling he said, “Okay sir I accept it.”