BASSETERRE, St. Kitts - THREE men who were convicted of two counts of armed robbery and one count of assault each with intent to rob in Halfway Tree, were sentenced today (Dec. 14) to a joint total of 53 years in prison for the crimes they committed.
Exzavier Elliott 29, of St. Peters, along with Jervain Rawlins 28, and Phillip Jones 28 both of Tabernacle, were all found guilty unanimously by a 12-member jury on Oct. 27.
Elliott was sentenced to 15 years each for two counts of armed robbery that will run concurrently and two years for one count of assault with intent to rob that will run consecutively with his robbery sentence.
Rawlins was also given the same sentence as Elliott where he was sentenced to 15 years each for two counts of armed robbery to run concurrently and two years for one count of assault with intent to rob that will run consecutively with his robbery sentence.
In total they were both given 17 years each.
Jones who was described by His Lordship Justice Errol Thomas as the “intellectual author and leader of the crime” was given more time than his two co-accused and received 16 years each in prison for two counts of armed robbery to run concurrently with each other. He was also given three years for assault with intent to rob that will run consecutively with his first sentence.
He received a total of 19 years in prison.
Before they were sentenced they were asked if they had anything to say before judgment was given and Elliott decided to be silent, Rawlins asked for the judge to be impartial and asked for leniency while Jones said that he had an unfair trial and that he did not commit the crime.
Justice Thomas reminded Jones that this was not the time for that.
Their social inquiry report was prepared by Wingrove George who gave an account of each of the accused.
Of Elliott he said that he was not interested in taking a positive path in life and is one who wasted many years in High School.
Rawlins was described as a person with no morals and with no educational support while Jones was described as an egotistical and deceitful human who thinks he can outsmart everyone.
The report stated that during the trial Jones appeared as though he wanted to take the court for a joke and waste its time.
Justice Thomas said that robbery is a serious crime but robbery with a weapon is worse and that the police officers that were involved in the case should be commended.
“They thought the police were asleep but they were awake.
“The court wishes to highlight your absolute stupidity; you drive up a hill to fix a flat tire in some bushes, and you say the trial was unfair? Fixing a tire on a grass patch? This court will have no fear in protecting the law and passing judgment,” the Judge said.
He said within minutes after the robbery occurred the police were coming in two different directions and that their instincts led them up the hill to find the accused after they lost sight of them in a chase.
After Jones was sentenced he made an outburst in court where he said the police officers set him up and were dangerous. The judge then ordered him to be taken out the court.
During the trial of the case, the three accused were unrepresented by counsel while Rhonda Nisbett-Browne was the lead prosecutor in the matter.
Nisbett-Browne called a total of 11 witnesses to support the prosecution’s case.
Armed with a firearm, the three men robbed Tamar Southwell a driver of O.D. Brisbane (ODB), and Michael Arthurton, a porter of ODB. They were also found guilty of one count of assault each, with intent to rob Jeneve Evans, also in a Half Way Tree shop on July 5, 2010.
According to the evidence presented in court, Southwell was robbed while he was on his delivery route, of EC$2,235.55, which he had collected on behalf of ODB, and of EC$90 of his own money. Michael Arthurton was robbed of EC$10.
The trial began on Oct. 21, and it was revealed that the incident occurred sometime around 1:00 p.m. when the ODB Fruta Truck which sells various items including beverages made a stop at Lionel Rogers’ shop in Halfway Tree.
Two of the accused, who were said to be wearing masks, allegedly entered the shop and robbed Southwell and Arthurton, while the other stood on the outside keeping watch, and all assaulted Evans before making their getaway.
After the robbery, the three men were said to have left the scene heading in the direction of Basseterre.
Rogers, owner of the shop said that he peered through a window in his home and saw whom he thought were the accused leaving in a white rental vehicle but was unable to state the license plate or identify the persons.
During the trial, His Lordship Justice Errol Thomas granted the application for “Locus in quo” which is the visiting of a crime scene by the Court.
This action gave the jury a clearer picture of what occurred on July 5, 2010, and led to the unanimous conviction of the men.
That specific visit of the scene at Franklands was key in the prosecutions’ case as police officers showed the court exactly where they apprehended the accused men in some bushes on the hill near Consie Mitchum’s home in Franklands.
This is also where the accused men claimed they were waiting for help after they experienced a flat tire on the main road in the vicinity.
