BASSETERRE, St. Kitts – ALTHOUGH Joevin Dowell pleaded with the court to be lenient and not send him to jail, High Court judge Justice Errol Thomas said that the court did not consider his case to be a non-custodial sentence and sent him to jail for two years with hard labour.
Dowell was found guilty by a 12-member jury on June 1 for receiving stolen goods after the judge accepted his “no case submission” for housebreaking and larceny.
His trial began on Thursday (May 26) and, according to the prosecution’s claims, the laptop he was accused of stealing was found in his possession while the police were executing a search warrant at his home.
Antonio Nias, the owner of the laptop, was summoned to the police station in March 2010 to identify a laptop following a report he made two months earlier.
He was able to identify features on the laptop which revealed that it belonged to him.
At his sentencing hearing, Dowell asked the court to be lenient with him by giving him a fine or putting him on a bond.
Dowell said he is a skilled young man with a unique trade and would like to continue providing for his family and wanted a second chance to go out in society and be a better person.
His sister Natasha Ritchin also spoke on his behalf and asked His Lordship to spare her brother a custodial sentence.
In his social inquiry report prepared by Probation Officer Wingrove George, Dowell was described as a young man with great potential.
The report noted that he was working in the construction industry as a roofing specialist up to the time of his conviction.
It also noted that he was neglected by his father who never supported him or acknowledged that he was his son, and that he left St. Kitts for the United States when Dowell was nine years old.
The Probation Officer said in the report that he believes Dowell could be salvaged and that he (Dowell) understood he did something wrong.
George also stated that Dowell’s previous convictions always involved other persons or so-called friends, and taking his job, work ethics and discipline into consideration, he was not convinced that the accused wanted to be a criminal.
In the report, Dowell stated that since being on remand he had time to consider what transpired. He added that he was very sorry for being in bad company and ended up assisting to victimise innocent people.
“I now realise what friends can do to you if you don’t choose them carefully and beware of the bad ones,” he said.
Dowell, who was convicted of a gun charge and sentenced to 12 months at the magistrate court’s level, said, “The first time I went to prison was because a friend gave me a gun to hold for him then went behind my back and reported it to the police that I have a gun.”
He said that in his current case, he had borrowed the computer from a friend not knowing that it was stolen.
Justice Thomas however declared that Dowell’s probation officer’s statements were contrary to his actions and the court would not consider the case one that warrants a fine or probation.
He said Dowell was convicted last year for carrying abroad an offensive weapon and that he also had previous in 2005, 2007 and 2008.
After he was sentenced a disappointed Dowell was escorted out of the courtroom to Her Majesty’s Prison where he will stay for two years.
It was also alleged that on January 19, 2010 someone had broken into Antonio Nias’ home and stole a Dell Inspiron Laptop and a flat screen television, all to the value of EC $5 340.
The incident allegedly occurred sometime between 7:00 p.m. and 10:00 p.m. while Nias and his common-law wife were not at home.
However, on returning and seeing that his home had been broken into and items were stolen, Nias made a report to the police.
Dowell was self-represented.
