Young man spared a week in jail despite behaviour towards his mother
A 21-YEAR-old man who argued with his 52-yearold mother and hit his older sister over items belonging to his deceased father, narrowly escaped a week in prison to reflect on his behaviour towards his mother.
Just before handing down sentence Senior Magistrate, Rickie Burnett told Emmanuel Myers that children ought not to treat their parents like how he had treated his mother.
The court had heard much evidence in the matter as Myers went through almost an entire trial. The proceedings were in the stage of the prosecution’s cross examination of the defendant before he admitted that he was guilty of assaulting his sister, Eslyn Myers, causing her actual bodily harm.
In his evidence the defendant described that on August 29, 2021, he was at home in Ottley Hall.
It seems that this house used to be the father’s but after his death, the son occupies the downstairs while the mother and sister occupy the upstairs.
Emmanuel said that on that morning he went upstairs to ask his mother if she moved his toothbrush. An argument ensued after she told him no.
“I tell she (his mother) she just always coming downstairs and move my stuff and when I’m looking for them I can’t find them,” the defendant said in his testimony.
This spat is said to have ended with him going for his toothbrush. However, when he went to find it, he saw a dressing table with a piece of mirror broken off. He said this caused him to ask his mother why it was broken.
The son said his mother told him she can do what she wants. Another argument started as the son believed she broke off something “that was never given to her.”
Emmanuel said his mother turned to him and asked him “if is (his) chest my father used to ride.”
The son then said he was taking the mirror that was already broken off, and proceeded to walk away with it. He said his mother rushed up and grabbed the mirror and hid it.
Therefore, he in turn went for his sister’s mirror.
He was leaving her bedroom when his sister made a comment about whose money purchased the mirror.
Emmanuel then told his sister that he didn’t want any “problem” and that she was to tell their mother to bring back the mirror for him.
His sister continued arguing telling him to put the mirror down. He said he was ignoring her and leaving when he alleged his sister shoved him in the back.
“I turned round there and I push she back off,” Emmanuel said.
There was supposedly a scuffle with his sister trying to pull away the mirror. She let go. The defendant put the mirror in a chair and the argument continued.
He claimed there was a “scrambling up” during which time his mother rushed and “grabbed me by the neck”.
After asking his mother if she came to fight him too, the defendant said he then picked up a pen knife which hid mother “scramble” out of his hand.
Eslyn then apparently told him, “I always coming upstairs and moving things that wey ain belong to me”.
The argument continued and the defendant said his sister was saying she would call the police, “she locking me up today.”
His sister was facing the wall, he said, but “she spin to turn back around, I swing my left hand and as she turn back her face at the same time.”
He said that because his sister turned, she was hit in her mouth.
There was apparently more arguing and scuffling before the son left. The matter was reported to the police.
When the prosecution questioned him after his testimony, Emmanuel admitted that he was wrong and guilty.
The young man had no previous convictions. He told the magistrate that he dropped out of Secondary School at form two. When asked what he has been doing since then, he replied that he is trying to start a business.
“First of all before you start a business, this is my opinion, you need to get a better education because you have not completed Secondary School and you drop out at form two for no good reason,” the magistrate told him.
“And having dropped out at form 2, you want to fight your mother for her husband property. What is the matter with you? If you want a property go and get some subjects, qualify yourself or go and get a skill, work hard and buy your own property. Why you want to feel that the property that your father left for your mother, essentially, you want to fight her for it…?” Burnett asked him.
The 21-year-old said he doesn’t really go upstairs.
Burnett told him that what he did was “totally wrong.”
“And you need to get it out of your head and leave your mother alone to her property and go and get your own. You are of age. I am not happy with you,” the judicial officer stated.
The mother and sister were also present in court. When asked, the mother said that the son gives problems in the house.
“If you want to be the man in the house, get your own house,” Burnett told him, “I have no tolerance for this type of conduct. Not working…” And not paying any bills his mother confirmed.
The magistrate also noted, “…there’s a place I normally send individuals to. There’s a place I send them to when I want them to have a short time to reflect on life and how they have conducted themselves in the particular case before me and I think this one falls into that category.”
He contemplated sending Emmanuel to prison for a week to reflect on his conduct “…including your approach to your mother. I think you should go to that place for a week and when you come back out you will tell me how it was.”
The defendant asked him not to, mentioning the starting of a business.
“What I am going to do to you is a part of your rehabilitation. It’s a part of managing your life because life is too easy for you. Life is too easy for you,” Burnett repeated.
The defendant said he would make a promise to not go through anything like that again and keep the promise.
However, his sister commented: “For me he don’t change. Imma tell you that. He does not change..”
There was more pleading from the defendant. After all discussions were concluded,
the magistrate relented, deciding “…he has no previous convictions, he’s begging for a chance. When I sit here I have a lot of things to balance and to consider, I’m going to give him the chance. So you escaped a week in prison I can tell you that and I will see what we are going to make of that…” He said he was going to put him on a bond and “…if he misbehaves in the house just go back to the police and he will be back before this same court.”
Therefore Emmanuel was bonded for one year in the sum of $5000. If he is taken to court within a year and is convicted he must pay this sum immediately or serve nine months in jail.
“Mr Emmanuel Myers consider yourself to be a very lucky man this morning,” the magistrate said.
“Consider yourself to be very lucky. I hardly change my mind on these things. You convince me to give you a chance, I give you a chance. So it’s all up to you.”