The Queen v Keon Edwards
| Jurisdiction | British Virgin Islands |
| Judge | HARIPRASHAD-CHARLES J |
| Judgment Date | 07 April 2011 |
| Judgment citation (vLex) | [2011] ECSC J0407-3 |
| Court | High Court (British Virgin Islands) |
| Date | 07 April 2011 |
| Docket Number | Criminal Case No. 7 of 2009 |
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
(CRIMINAL)
Criminal Case No. 7 of 2009
Mrs. Elizabeth Hinds, Director of Public Prosecutions and with her Ms. Christilyn Benjamin, Senior Crown Counsel for the Crown:
Mr. Stephen Daniels of V.E. Malone & Co. for the Defendant
(Criminal Law - Murder - Defendant pleaded not guilty to murder but guilty to manslaughter - Plea acceptable to Crown - Deceased was security guard at nightclub - peace-maker on night in question when he was shot - senseless murder
Sentencing - manslaughter by reason of provocation - maximum penalty of life imprisonment - UK Sentencing Guidelines - Eastern Caribbean Supreme Court Sentencing Guidelines - Benchmark of 15 years - Benchmark not to be slavishly followed - Aggravating factors far outweigh mitigating factors - Case necessitates departure from benchmark)
On 21 February 2011, the Defendant, Keon Edwards, was arraigned on an indictment filed by the Director of Public Prosecutions for murder. Upon his arraignment, Mr. Edwards pleaded not guilty for murder but guilty to manslaughter. The plea for manslaughter was accepted by the Director of Public Prosecutions on the basis that provocation was a live issue in this case.
A sentencing hearing was adjourned to 28 February 2011 to facilitate the production of a Social Inquiry Report. The sentencing hearing was further adjourned to 1 April 2011. At the time of sentencing, the report was still not available. However, learned Counsel Mr. Daniels, who appeared for Mr. Edwards, said that he was in a position to make oral submissions and consequently, such report was no longer necessary.
The facts of the case as summarized by learned Senior Crown Counsel, Ms. Benjamin were not in dispute.
In 2009, the Diplomat Night Club had a strict dress code for Saturday nights. Patrons were not admitted if they were dressed in T Shirts. The requirements for entry were listed on a notice attached to the building in the vicinity of the entrance to the Club.
Mr. Monroe Thomas Jr. ("the deceased") was, at the time of his death, about 29 years old. He had been living with his mother, Mrs. Lavern Thomas. He was her main financial support and friend. 1 He had been working as a Security Guard at the Administration Complex Building and as a part time worker at the Club.
In the early hours of Sunday, 1 March 2009 around 2:30 -3:00 a.m., Mr. Edwards visited the Club seeking admittance. At the time, he was dressed in a T Shirt, Shortly before his arrival at the Club, he had left another night club where he had been partying with his girlfriend and her friends. He had just turned 32 and was still celebrating that birthday.
One of the guards at the entrance of the Club, Mr. Phillip Pierre, reminded Mr. Edwards of the dress code of the Club on a Saturday night. Mr. Pierre told him that he could not enter the Club as he was not appropriately dressed. Mr. Edwards insisted on entering as he considered himself a regular at the said Club. Mr. Pierre offered to ask the owner if he would make an exception for Mr. Edwards since it was his birth night [28 th February], Mr. Pierre then asked someone to relay the message to the owner, Mr. Keith Gumbs.
Instead of waiting at the entrance for an answer from Mr. Gumbs, Mr. Edwards by-passed the security guards and went upstairs into the Club. Mr. Jonathan Rowthan, the other security guard at the entrance, immediately went after Mr. Edwards. Mr. Rowthan told Mr. Edwards that he could not be in the Club dressed as he was. Mr. Edwards ignored him and went to the bar and asked for Mr. Gumbs.
Mr. Rowthan placed his hand on Mr. Edwards (Mr. Rowthan claimed that he touched Mr. Edwards. Mr. Edwards claimed Mr. Rowthan pushed him) and told him that he could not stay there. Mr. Edwards then turned and punched Mr. Rowthan in his left eye. Mr. Rowthan immediately returned a punch to Mr. Edwards' face [both Mr. Edwards and Mr. Rowthan were seen bleeding]. Persons nearby had to separate them as they became locked in a struggle. Various persons attempted to 'cool down' Mr. Edwards. He remained angry and was escorted out of the Club.
Whilst Mr. Edwards was being escorted out of the Club, he retorted "this na done so tonight". He then left the premises. About 5 minutes later, Mr. Edwards returned to the Club dressed in a plaid shirt which complied with the Club's dress code for entry. He walked towards Mr. Rowthan in an aggressive manner and threw a fist at him but he missed. Mr. Rowthan threw a foot after Mr. Edwards. He also missed. Mr. Pierre, the other guard, went between them. Persons around held on to Mr. Rowthan while the other guard, Mr. Edwards' friend and his girlfriend held on to Mr. Edwards.
Around that time, Mr. Gumbs came downstairs. Mr. Edwards told Mr. Gumbs that all he wanted to do was talk to him, Mr. Gumbs told him that he was a regular at the Club but since he had been fighting, he would be denied entry for the rest of the night. This infuriated Mr. Edwards. He insisted on going back into the Club. He and Mr. Gumbs exchanged heated words. At one stage, Mr. Gumbs told Mr. Edwards not to come in front of his door and he walked up to Mr. Gumbs and said " if you are a bad man, hit me, hit me."
In the same area where Mr. Gumbs was standing, were the deceased, Mr. Rowthan and one, Mr. Greenaway. During the incident, the deceased had been actively engaged in the role of peace making. He did not do or say anything to provoke Mr. Edwards.
There were persons holding on to Mr. Edwards and were trying to pacify him. Suddenly, Mr. Edwards lifted up his shirt and pulled out a gun from his waist. Mr. Pierre, on seeing Mr. Edwards' right hand go towards the gun, quickly went and took cover behind a nearby tree.
Mr. Edwards then fired two rounds. The second was the fatal shot which struck the deceased. [From the video recording of the incident, Mr. Edwards fired the first round into the air and he lowered his hand when he fired the second round which hit the deceased]. A person exclaimed "O God, Keon kill him now." Someone else shouted that somebody got hit. Mr. Edwards walked away and while doing so, he discharged two more rounds. Mr. Edwards said he discharged three rounds on the fateful morning in question.
The deceased was seen bleeding from his neck. His blood was gushing out as if a pipe had been turned on. He collapsed and died right there at the Club.
Three spent shells and one lead fragment were recovered at the scene. The post mortem examination revealed that the deceased received a gunshot wound to the left cheek which exited his neck on the right lacerating his external carotid artery. He quickly lost a lethal amount of blood due to the gunshot wound injury. The cause of death was exsanguinations due to gunshot wound of the head.
Mr. Edwards left the scene. He fled the Territory. The police could not find him for seven months. However, excellent police surveillance led to Mr. Edwards' arrest in St. Thomas, U.S.V.I. He was eventually brought back to the Territory in October 2009.
The illegal firearm used during the shooting was never recovered. In his plea in mitigation, when questioned by the court, he stated that he dumped the firearm into the sea when he fled for St. Thomas. But, even up to this moment, he has offered no explanation how he came to be in possession of an illegal firearm. In addition, he gave no reason why he was armed on the night in question, when supposedly, he was going to the Club to have a good time.
As is customary in our courts particularly in cases as tragic as this one, the role of defence Counsel is significantly reduced to begging the court to temper justice with mercy. Mr. Daniels did not deviate from that role. In fact, he did so remarkably. Learned Counsel submitted that the actions of Mr. Edwards cannot be justified. Learned Counsel further stated that Mr. Edwards had consumed Hennessy and cranberry before arriving at the Club. He beseeched the Court to have mercy on Mr. Edwards particularly as he has two young children to maintain.
Mr. Edwards also spoke. He appears remorseful. Reading from a prepared speech, Mr. Edwards said:
"Mr. Thomas' life was short-lived and I am sorry for what I have done to the Thomas' family and also my family as well. I have caused pain and suffering to these families. I have made a great mistake and I am prepared to deal with the consequences. I am very sorry, Mrs. Thomas."
He further stated that the wounds are still fresh and he hopes that everyone will find it in their hearts to forgive him.
Two years have passed since that sad day. In her victim impact statement taken on 18 February 2011, the mother of the deceased, Laverne Thomas shared her pain with us. She wrote:
"Since "Junie" was taken suddenly from me, it has affected me all ways, financially and emotionally…I know as human beings we have to die sometime but I would have rather lose him by either disease or old age. At least, I would have [sic] him a longer time to keep him company and he keeps me company. But when someone takes a gun and kills your son who was in no problems with anyone. As I was told, he was just outside looking on and was basically a peace maker in the whole situation telling everyone to calm down and to receive such a death as a reward for being a good up standing [sic] citizen. Words cannot express how I feel. God alone knows the tears I share for my son…. Mothers are not supposed to bury their sons…I believe in justice and I think justice has to go both ways, although whatever sentence that is imposed on the accused cannot bring back my son but at least it...
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