Woman reports boyfriend after he shows her a gun, landing him in jail

A MAN who showed a gun to his girlfriend during an argument, causing her to make a report to the police, has been jailed for three years and seven months for unlawful gun possession.

Joloney David of Belmont/ Glen is a 32-year-old mechanic who has been caught without a license issued under the Firearms Act for his possession of one black and silver Python .380 revolver serial # DO5537.

Originally he was also charged with assault of his girlfriend, Samantha Fernandez of Glen with intent to commit an offence, but this matter will proceed no further as Fernandez indicated to the court that she would go no further.

According to the investigations carried out by Sergeant 191 David, it was about 3:05p.m when Joloney arrived home from work. Shortly afterwards he and Fernandez had an argument over food that resulted in him leaving the house again.

At 6:45p.m he returned and continued arguing with Fernandez, this time demanding that she return some money that he had apparently given to her.

However, the girlfriend told him that she had no money for him. Upon hearing this Joloney apparently took off the Jansport bag that he on his back and removed the revolver from its depths.

His girlfriend could see the revolver because of a phone light, the police said. Joloney then apparently continued demanding his money.

Fernandez ran away up the stairs and began screaming.

Joloney left, and the matter was reported to the police. The officers took a statement from Fernandez but after she returned home she met Joloney in the yard arguing. The police were called, and Sergeant David went to the scene with a party of officers. They met and arrested Joloney. They observed that he appeared to be under the influence of alcohol.

At 7:15a.m the following day, March 8, the Sergeant had secured a search warrant and travelled to the defendant’s home. On arrival, alongside a small banana field the Sergeant met the Jansport bag in a banana root. It was opened and the firearm was revealed. Joloney said nothing at that point.

According to the caution statement that the defendant gave to the police, he had drunk beers in the interim between their first argument and when he returned to the house.

The counsel for the defendant was Grant Connell who mitigated for him in the Serious Offences Court (SOC) on Monday, April 4. Among the things that were said the lawyer commented that his client, a father of one child, showed genuine remorse.

It was also noted during the course of the mitigation that the firearm did not have ammunition inside.

Joloney had one conviction from 10 years ago and therefore it was submitted that he was of relatively good character.

Another aspect is that the barrel of the gun is apparently partly broken off. The counsel said that his client is not a threat to society. He said that Joloney’s father was ill, and submitted that sending his client to prison would have a corrosive effect on him and his family.

On the other hand, Prosecutor,

Station Sergeant Renrick Cato pointed out “…this is a matter that a boyfriend and a girlfriend were arguing and I see in my opinion there is absolutely no need, no need whatsoever to present a firearm in that argument.”

He also said, “What is striking about this matter is that the calls to the police were made straight up, a report was made to the police. You heard the facts – she went up the stairs screaming.”

Cato stated that there must be a reason why that report was made.

The prosecutor levelled that St Vincent and the Grenadines(SVG) is plagued with firearm offences.

“These type of offences should never at all be tolerable, not be acceptable and whenever these offences present themselves in the court,” they should be treated so as to serve as a deterrence to the defendant and others.

The prosecution also highlighted, “Alcohol is never, ever an excuse for the commission of any offence. In fact to me it’s an aggravation.”

After the matter was stood down for some time, Chief Magistrate, Rechanne Browne returned with a sentence.

“ All gun related offences are not just serious but extremely serious,” she began.

Using the sentencing guidelines for those offences she began at a starting point of 65% of the maximum of seven years imprisonment.

Among the aggravating features of the offence is the prevalence of firearm matters and that they are on the rise. She highlighted that the weapon was brandished with some intent to frighten, scare or harm. Also the presence of alcohol would impair his judgement, she said.

On the other hand the illegal weapon has been recovered by the police.

This saw six months being added to the starting sentence.

As it relates to Joloney himself, he showed remorse but has a conviction of a similar nature.

However, these cancel each other out.

When a reduction for the guilty plea was added a final sentence of three years and seven months was reached.

Confiscation of the firearm was also ordered.