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Gun crime earns guilty man more time

by Barbados Today
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Shamar Jamal Kelvin Marshall has 1,000 days left to spend in jail. Justice Randall Worrell made the order last Friday in the No. 2 Supreme Court.

He had pleaded guilty to having a .40 calibre glock semi-automatic pistol and 15 rounds of ammunition without the necessary licences on October 20, 2018.

According to the facts of the case, police descended on the crowd at a fete at Gunsite Road, Britton’s Hill, St Michael and saw Marshall with a gun. The 32-year-old saw the officers and ran causing them to give chase. At the end of that chase, Marshall threw the gun onto someone’s property and surrendered.

Defense lawyer Mohia Ma’at called for the 581 days his client spent on remand to serve as his sentence with which the prosecution disagreed.

Ma’at submitted that his client played a key role in his children’s lives and wanted to continue lending that “strong paternal support”. Marshall has three children and was said to be saddened that he was unable to foster and care for his children in the manner he wished.

The lawyer said Marshall was previously employed in the food and construction industries and was known to have a strong work ethic, working seven days from 7 a.m. to 11 a.m. His employer described him as an honest and model individual and said he was willing to rehire him.

The lawyer said the time spent was an appropriate sentence for the firearm charge and would allow Marshall to re-enter society to his employment and children. In addition, his counsel pointed to his client’s cooperation with police.

Senior Crown Counsel Olivia Davis drew the court’s attention to the aggravating factors in the case including  the fact that the incident occurred at a crowded event in a residential area and the number of bullets involved.

She recalled how police had to chase Marshall who threw the firearm over a guard wall.

The mitigating factors the prosecutor found, was the guilty plea and the fact that the firearm was not used.

Agreeing that aggravating factors outweighed the mitigating elements, Justice Worrell said the matter reached the threshold for a custodial sentence. He considered Marshall’s background, education and employment saying it was sad Marshall resorted to block culture but it was “commendable” he tried to be industrious.

He also looked at his 11 prior convictions and considered his learning and anger issues.

The judge suggested Marshall undergo anger management classes and be subjected to classes at the CXC centre at the prison. He said the rehabilitation would help Marshall to function on his release.

Justice Worrell said he could not accept that 581 days was sufficient given the aspect of proportionality and considered the eight years suggested by the Crown. He gave credit for the guilty plea, time spent, and the mitigating factors in the case, leaving Marshall with 1000 days remaining for the firearm offence. He was convicted, reprimanded and discharged on the ammunition charge.

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