For his split second decision to shoot and ultimately paralyze an auxiliary officer who had asked him not to smoke, Tyson Spencer will spend a total of 15 years in jail.

Spencer was sentenced on July 6 at High Court Number 2, having pleaded guilty on March 25 to three counts of wounding with intent.

There were initially four charges against him including attempted murder but he did not admit guilt to that offence. The crown withdrew the charge and Spencer was left to face sentencing for shooting three people, two of whom were collateral damage to his shooting of auxiliary officer, Kurtland Jack.

The incident occurred on November 22, 2019 at about 11:50 pm.

According to the facts agreed on by all parties, and read by Justice Angelica Teelucksingh-Ramoutar: Deron Quashie, Dwayne Peters and Kurtland Jack were all members of the public at the popular Heritage Square on the given day.

According to Kurtland Jack, he was on his way to a bar to purchase a drink when a woman told him something. He approached the prisoner and identified himself as an auxiliary officer, by the use of his identification card. He tried to speak with Spencer about being considerate to persons around him as it concerned his smoking. Spencer ignored him, until Jack tried to speak with him again. Spencer then knocked the identification card away from his hand and it fell. Jack then retrieved it, returned, placed his hand on Spencer’s shoulder to speak to him about his actions and then “almost immediately he felt his body go numb.”

He blacked out and awoke next in the hospital with gunshot wounds to the neck and stomach.

The injuries have confined him to bed and the bullet in his neck cannot be removed.

In recounting the incident, Deron Quashie said he was with his cousin at Heritage Square and they were talking and cutting Marijuana. They were approached by a young man who came up and asked them for a spliff, after which they showed him all that they had. Quashie said the man showed them a police identification card and walked away.

Fifteen minutes later Quashie claimed to see the young man who approached them previously, rushing another man. He made a passing comment to his cousin “look he ah wile up a next man again.”

He then heard a loud explosion of a gunshot and ran away to a nearby bar while hearing another two gunshots. At the bar, it was only when it was pointed out by a young lady, that he realized he was shot. Quashie began to lose consciousness at the hospital and it was discovered that he had been shot on the left side of his abdomen. There was surgery to remove the bullet and repair damage.

In Peters’ case, he was at the Square, drinking and smoking a cigarette. He heard gunshots but saw nothing of their origin. He felt a sting in his kneecap and realized he was shot. He was taken to the hospital and released the following morning.

While Spencer surrendered to the police, the firearm used has not been recovered.

Spencer indicated that he wished to apologize to Jack and did so while Jack was at the hospital. Jack accepted this at the time and encouraged Spencer to give his life to Jesus.

Before the sentencing of the offender, submissions were filed by counsel for the crown, Rose-Ann Richardson, as well as defence counsel Carl Williams.

“This court agrees with the submissions of both crown and defence counsel and is of this view that this first count fits in the … consequences category ‘one – highest’ as the victim Kurtland Jack sustained severe physical and he suffered severe psychological harm,” the Justice stated.

“The patient cannot feel or move lower extremities. Zero power, zero sensation. With respect to the severe physical harm,” the injury report form stated.

His central nervous system showed no response to any pain, or temperature change.

Jack was referred to a neurosurgeon who recommended spinal cord depression and spinal fusion for treatment concerning the bullet lodged in his spine.

However after surgery there has been no significant improvement.

Dr Charles Woods wrote “his prognosis is poor for recovery and eventual ambulation. It is more likely that he will be permanently disabled due to lower limb paralysis.”

As for Jack’s mental state, the former auxiliary police office is “desolate”.

“I am unhappy. No happiness, no joy. I feel like a living dead,” he told the case worker putting together a social inquiry report for the court.

He confirmed having no control over his body but for “muscle spasm every now and then.”

Severe depression has set in.

“I feel like my brain is going. I am overthinking everything that has happened to me and I did not deserve to become less of a person,” he explained.

He said he lost loved ones close to him and feels abandoned by everyone.

“I even regret being in the service because I would not have been in that situation in the first place,” Jack admitted.

He asked for “justice” to be served in light of how negatively his life has been impacted.

The court felt that the case fit into seriousness level ‘A high’.

It considered that a gun was used and “the offence was committed against those working in the public sector or providing a service to the public.”

“Kurtland Jack was an auxiliary police officer, he had shown his identification card to the prisoner and spoke to him in relation to his smoking. And as he was a public officer whose duty was to maintain and uphold the law to protect and to serve the public,” the judge said.

Therefore the starting point was 22 years and six months in prison of the maximum of 30 years imprisonment for the offence.

Aggravating factors of the offence including prevalence and that it took place in a public place raised this figure to 25 years, six months.

A lack of premeditation was considered as mitigating, taking the sentence down by one year to 24 years, six months.

There were no issues about Spencer himself that served to aggravate.

However, the court viewed that the offender was remorseful, and that there was a potential for rehabilitation. The prison authorities spoke highly of Spencer and said that he helps at the bakery in prison. His relative youth and lack of maturity were also added.

The sentence moved down to 22 years, six months.

Spencer’s guilty plea further severed seven years, six months from the sentence, leaving Spencer with 15 years to serve.

He has already spent two years, seven months, three days in custody and will spend 12 years, four months more.

Teelucksingh-Ramoutar also decided, “The prisoner, because he has shown great potential for rehabilitation and is relatively young. This court is of the view that he will certainly benefit by enrolment in any educational programme and training offered at the prison.”

As for the other persons who were hurt but had no long term impacts, the sentences for both counts are nine years, less time in custody.
All run concurrently.