Teenager guilty of gun and ammo possession

Leonist Sam has become the poster child for what is going wrong in society. This was expressed by lawyer Vynette Frederick mitigating on Sam’s behalf at the Kingstown Magistrate’s Court on Wednesday, July 22, 2009.{{more}}

Sixteen-year-old Sam appeared at court and was charged with theft of one bottle of Johnny Walker whiskey from the CK Greaves supermarket, and possession of one .38mm automatic pistol and five rounds of .38 ammunition without a license. The Greggs resident initially pleaded not guilty of the offences, committed on July 3, 2009.

The prosecution denied bail for Sam, stating that the offences were very serious and that he may abscond. However, Counsel Vynette Frederick asked the court to consider bail or curfew for Sam, given his youth. Frederick maintained that he does not have to be imprisoned to make sure that he comes to court.

Senior Magistrate Donald Browne, responding to Frederick, said that although he does not like sending young persons to prison, the fact is that gun crimes committed by young persons is prevalent in the society. Browne added that those who are involved in these crimes and are released usually end up dead or injured.

Prosecutor Inspector Nigel Butcher went on to say that many youths are involved in gun crimes. He also intimated that the court has a duty to protect society, and part of that has to do with the message being sent to society.

After speaking with counsel, Sam reappeared before Senior Magistrate Donald Browne and changed his plea from not guilty to guilty of all the offences. The facts read in court state that Sam entered CK Greaves Supermarket and stole the whiskey. He was stopped by a security officer who spoke to him and Sam then handed over the whiskey to the officer. He, however, began to struggle, then the gun (the .38 automatic pistol) dropped from him. It was loaded with the five rounds of ammunition. Sam told the court that he found the gun and kept it.

In mitigation, Frederick labeled Sam’s actions as stupid and negative, and stated that his conduct wasn’t logical or sensible, as regular teenagers would not keep a gun they found. She further lamented that the greatest tragedy is that Sam’s actions came as a result of lack of good examples to follow and “no familial structures on which he could depend”. Sam’s father died and his mother left him when he was two years old. He lives with his aunt who was not in court as, according to Sam, she knew nothing of his charges. Frederick further asked the court not to give the boy a custodial sentence but grant him an opportunity to learn from his “colossal mistake.”

Magistrate Browne, however, told Sam that he does not believe that he found the gun, but that he got it from someone else.

For the theft charge, Sam was reprimanded and discharged. His sentencing for the firearm and ammunition was deferred, pending a social inquiry report, which will be ready in one month’s time. He was remanded into custody until August 24, 2009.(OS)