NASSAU-A man who pointed a gun at his family because he couldn’t find his Christmas dinner leftovers has been jailed for 18 months.
When Temiko Smith, 36, couldn’t find his meal on December 26, 2019, he fumed, “They always touching my f****** things. I tired of this,” the court heard.
Due to Smith’s reputation, Smith’s relatives left the Plantol Street home to avoid his wrath.
But Smith’s 84-year-old grandmother fell when her drunk son bumped into her on the outside.
Smith came outside as his sister, Devonya Roberts, and her friend, Dolanique Miller, helped her up, the court heard.
He told them, “Y’all think this a game. Stay right there.”
Smith went on the side of the house and returned with handgun.
He said, “I will kill all of y’all,” according to Ms. Roberts and Ms. Miller.
Superintendent Lightfoot saw the commotion from across the street and took Smith on the side of the house, Ms. Roberts testified.
She said, “I don’t know what he said to him.” Nevertheless, Ms. Roberts took the opportunity to go to a police station to report the incident.
Ms. Miller testified the the policeman told Smith to put the gun away.
Dereliction of duty
Superintendent Lightfoot testified on behalf of Smith. He confirmed coming over and speaking to him after the commotion. However, he denied seeing Smith with a gun.
Supt. Lightfoot testified that when the SWAT team arrived that night, he helped officers search the outside of the home.
Police did not recover the gun.
When cross-examined, Supt. Lightfoot said he didn’t know what they were looking for.
In his ruling Magistrate Samuel McKinney said, “A senior police officer assisting his colleagues in a search would know, or have an idea, what he was searching for.”
The magistrate said police officers are never off duty and Supt. Lightfoot did not meet his obligation to keep the peace.
Magistrate McKinney said that Supt. Lightfoot was deliberately evasive and would have admitted to a “dereliction of duty” had he admitted seeing the gun.
Additionally, Magistrate McKinney accused Supt. Lightfoot of trying to help Smith with his testimony.
He convicted Smith of threats of death and assault with a deadly weapon.
In mitigation, defence lawyer Tonique Lewis said Smith was remorseful. She asked the court to consider sentencing Smith to the six months he spent in custody awaiting trial.
Magistrate Samuel McKinney gave Smith credit for the time spent in custody. However, if Smith fails to pay a $1,500 fine, he’ll serve an extra six months in prison.
