BASSETERRE, St. Kitts – IT is said that many people do not get what they wish for on their birth anniversaries, but no one would want the gift Esroy Mills, who turned 22 yesterday (May 24), was given by the Basseterre High Court.
Mills’ gift was an eight-year prison sentence after he was found guilty on March 25, 2013 for shooting at with intent and assault with intent to commit a felony. The verdicts were 11-1 on each count.
Mills was represented at the trial by Attorneys John Cato and Fitzroy Eddy and, at sentencing, Eddy submitted a mitigating plea which sought for the Court to give him a second chance.
Eddy drew the Court's attention to Mills young age and explained that in his formative years he was abandoned by both parents, leaving him to be raised by his maternal grandmother.
The Attorney said that Mills has caring and loving relatives who would have ensured he did not again offend the law, adding that he attended church on a regular basis.
Eddy, on behalf of Mills pleaded for leniency, stating that "the Court should render justice with mercy".
Before passing judgment, His Lordship Justice Errol Thomas read from Mills' Social Inquiry Report which described him as an educated individual and very intelligent, but one who did not take advantage of that intellect.
The Report also stated that Mills had family members who showed him love and care but he did not cling to it, but rather gravitated towards the wrong people who encouraged him to smoke.
Justice Thomas told Mills that he is not an ordinary prisoner and that he is not a fool.
"You are intelligent but you focus that intelligence on crime rather than your personal development."
He told Mills that he could have been one to contribute greatly towards the development of the Federation, but quickly added that "the Court does not hesitate to characterise you as a danger to society", one of the reasons being that "you chased your intended victim into a school where young children were".
Justice Thomas said that the Court could not accept the plea made by Mills' Attorneys and that it needed to ensure that the punishment fit the offence.
"This is a serious crime," he added.
Mills was sentenced to eight years for shooting at with intent and one year for assault with intent to commit a felony.
He was said to have shot at Bichara Isaac sometime after 4:00 p.m. on July 4, 2011 while in the vicinity of the Cayon Primary School, and that on the same day he pointed a gun at Constable Glenroy Stanley with intent to commit a felony.
Isaac had testified that on the day in question someone indeed shot at him but he could not have identified the individual because he did not see the person's face.
He described himself as being scared when the incident took place and said his focus at that time was running away to save his life.
Constable Stanley, in his testimony, said that he saw Mills point a gun at him with intention of shooting him.
He said as Mills got to about 40 to 50 feet away, he shouted, "Esroy...police. Drop the gun and get on the ground." But Mills instead lifted the hand with the gun and pointed it in his direction to shoot at him.
In response to that action, Stanley said he quickly fired a shot from his service pistol in Mills' leg area and shouted, "Police, drop the gun. Get on the ground and drop the gun."
Mills, in defence, said that the allegations made against him were false and that he was shot from behind.
He testified that while he was walking down the dirt track opposite the Old Cotton House in Cayon, he was shot when he stopped at the standpipe to wash his hands, face and drink some water.
Mills maintained throughout his testimony that he had no backpack or gun that the police claimed, only his cellular phone.
At sentencing Mills, with a solemn expression, accepted his judgment. His sentences would run concurrently and the time he spent on remand would be deducted.
