BASSETERRE St. Kitts - FIFTEEN-YEAR-OLD Shaquiel Liburd and 22-year-old Xavier Phillip who were found guilty on two counts each of shooting at with intent, was sentenced to serve a combination of seven years in prison.
The two appeared before His Lordship Justice Errol Thomas last Thursday (Mar. 29) and were sentenced to serve time in prison for shooting at police officers in the vicinity of Canada Industrial Site on January 19, 2011.
Speaking on behalf of Liburd before he was sentenced, Attorney-at-law Chesley Hamilton begged the court for leniency and asked for him to be seen as he is - a juvenile.
"Though the offence is extremely serious, I am asking the court to look at the juvenile as he is before the court, consider the fact that he is a juvenile and has been incarcerated since January 2011. Consider the aggravating and mitigating circumstances and find a balance…consider the Juvenile Act and act accordingly."
Hamilton spoke at length on his client young age and, making reference to the Juvenile Act, repeatedly asked that the court see Liburd as a juvenile and sentence him accordingly.
Hamilton said that there is no juvenile institution in the Federation and that Liburd has been incarcerated with and among "hardback criminals" which is frowned upon.
"We do not throw juveniles in prison and throw away the key just because it is a serious offence. We find ways to balance the circumstances and send the right message to the public and the juvenile," Hamilton further stated.
Hamilton passionately said that Liburd had to spend his 15th birthday locked away with hardcore criminals to which the judge replied, "That was his choice."
Phillip was unrepresented and, speaking on his own behalf, begged the court for mercy and to take into consideration his young age and the fact that it was his first offence.
With tear-filled eyes he said, "I am not the person I was pointed out to be and I have no intention of going out and committing crime again. I have total respect for the people who exercise their duties to protect."
Phillip went on to explain that he has a mother and four sisters to guide and encourage and that he would like to be there for them.
He asked the judge to consider everything that he said, noting "any kind of leniency dispensed will be greatly appreciated and the time will be spent out of trouble".
Liburd's Social Inquiry Report stated that he grew up not wanting for anything and his parents, although separated, did not play the blame game and did their part in raising him.
On the other hand, Phillip's report stated that he is another misguided young man who remains cold and insensitive about what transpired.
It also stated that it is clear that persons such as Phillip, who have developed such a state as to shoot at police officers, would continue in a life of crime.
Justice Thomas, before passing sentence, took into consideration "unique situation" of an adult and a juvenile, the nature of the offence, and the fact that they both have no previous conviction.
He said, "Shooting at police officers is not a matter to be taken lightly. That has potential to break down an entire society. When we have people out there shooting at police, where do we go from there? Those are the persons required to uphold the law and you out there shooting at them!
"It is one thing when you shoot at police while they were parked but when they gave chase and you continued to shoot at them, you could not say you did not know who you were shooting at. You knew what you were doing."
Phillip was then sentenced to five years in prison on each count which would run concurrently. Liburd was sentenced to two years on each count which would also run concurrently.
The time the convicts spend on remand would count towards the sentence. When calculated, the juvenile would be spending only two months in prison.
