BASSETERRE, St. Kitts – DESPITE the impassioned plea for mercy by his 61-year-old grandmother, Eldean Phipps of Saddlers Village was on Tuesday (Nov. 2) sentenced to a five-year jail term for shooting with intent.
“I ask mercy on Eldean, he’s my first grandson. His mother had him when she was only 14 years old and I had to take care of them both,” Laurel Phipps of Harris’ Village told His Lordship Justice Errol Thomas at the Basseterre High Court of Justice.
The elderly woman told the court she had raised Eldean for most of his life and that his father was never around to assist.
Eldean Phipps was found guilty on October 11, by a 12-member jury for the crime of shooting with intent which occurred on December 13, 2009 in Saddlers.
He was sentenced to five years yesterday, Nov. 2, at the Basseterre High Court of justice for the crime by His Lordship Justice Errol Thomas but before sentencing his grandmother and lawyer John Cato spoke on his behalf.
His grandmother told the court that he went to 1A1 in high school and even received a cash prize of EC$400.00 for his academic performance.
She said that he was confirmed at the age of 12 and that he attended church.
“He went to live with his mother when he was 18 but would always come by me to eat because he said he preferred my cooking,” she said.
His lawyer said that Phipps had it had growing up as his mother had him at the tender age of 14 and he grew up without a father.
“It is a very serious crime but I ask for a suspended sentencing that if he interferes with the law again he gets the full sentencing because he is not beyond rehabilitation,” he said.
His Lordship said that he considered many factors for his sentencing including the social report, his time already spent in prison where he has been in jail since arrested, and mitigations made by his lawyer and grandmother and the seriousness of the crime.
“These are senseless crimes after senseless crimes, St. Kitts and Nevis is dependant on Tourism for economic growth and these crimes cannot be good for the country,” Thomas said.
“The court does not condone these violence, a firearm has one purpose to kill or do harm. The money you used to purchase the firearm could have been put to greater use.
“Firearm offences are prevalent in this country and the court cannot send the wrong signal to people acquiring firearms illegally. The duty of the court is to protect society along with the police and other institutions. Growing up without a father is no excuse. You have chosen a life at this early age to use a firearm and I cannot grant the request of a non-custodial sentencing that would be sending the wrong signal,” said Thomas.
The evidence presented in court was that Phipps, on December 13, 2009 in Saddlers, shot at Travis Matthew with intent to do him harm.
Although the bullet did not find its mark, it hit the car that Matthew was driving but failed to break the glass.
Three witnesses, including Matthew, gave evidence in court; he was however deemed a hostile witness and was reluctant in giving evidence.
Matthew told the court that on the day in question he was in his car when he saw Phipps running behind his cousin, Kevis Matthew.
He also told the court that he could not remember the evidence he gave at the Magistrate’s Court. But during his summary, Judge Thomas said that the evidence was different to the one he gave at the magisterial level.
Phipps’ defense counsels argued that there was no evidence of anyone shooting directly at Travis.
Cato also told the court that the victim had forgiven Phipps and would have been in court to speak on his behalf for a lighter sentencing but Matthew was not present.
Phipps time spent in prison will be subtracted from his sentencing.
