Convicted manslayer Kelly Javanni Prentice was given a starting sentence of eight years in prison for his
“extremely minor” role in the 2015 death of Guyanese Brinsley Warde.
Following deductions for the time he had spent on remand and the one-third discount for his guilty plea and other deductions, Prentice, of Ellis Village, Halls Road, St Michael, who had been on bail, only had 76 more days to serve.
However, Justice Randall Worrell suspended that sentence for the next 18 months, telling Prentice it “served no useful purpose” sending him back to jail.
Prentice had previously pleaded not guilty to murder but guilty to manslaughter in the October 9, 2015 death of Brinsley Warde.
Warde was beaten and then stabbed during an altercation with three men – one of whom was Prentice – following a stone-throwing incident near the exit of Queen’s Park. He died at the scene.
“Officer, I was there, and I pelt rocks at he because he pelt rocks at me, but [calls name] is who stab he,” Prentice told police during their investigations.
In handing down the sentence in the No. 2 Supreme Court, Justice Worrell pointed out that Prentice was charged with two others who have been dealt with by the court.
“Your role was totally different from theirs, so that is something that the court has to take into consideration. You were not the perpetrator of the actual act which led to the death, but you were more or less part and parcel of three persons.
“Your part was the least of all . . . . One of the perpetrators who played a much more significant role than yourself . . . his starting point was ten years . . . . From what we hear, he has gone back into society and rehabilitated,” the judge explained as he
imposed the eight-year starting sentence. “Your part was an extremely minor part as far as that is concerned, and the court has to take that into consideration.”
The mitigating features for the convicted man outweighed the aggravating factors, said the judge, including his young age at the time of the offence, his previously clean record, the fact he is gainfully employed, his progress towards rehabilitation, and his low risk of reoffending.
As such, the judge reduced the starting point by two years, leaving Prentice with four years. The 1 019 days he spent on remand as well as 365 days for the delay in having his case adjudicated were also deducted, and he also got a one-third discount for his guilty plea, leaving him with 76 days left to serve.
“As far as this court is concerned, Mr Prentice, based on the pre-sentencing report, it serves no useful purpose in sending you to prison for 76 days based on what has already transpired, as far as this matter is concerned [and] based on the fact that both the counsel for the state and your counsel have indicated such to the court. The court will suspend the 76 days from today for a period of 18 months.
“In other words, you are to keep yourself out of trouble so you are not brought back to court. Continue in the same way you have – that is, prior to 2015, you had nothing recorded against you. Since this matter, you had nothing recorded against you . . . so you will continue along that way,” Justice Worrell said.
Prentice was represented by attorney-at-law Andrew Pilgrim KC and Deputy Director of Public Prosecutions Alliston Seale represented the state.
