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Top plea deals of 2022

Plea deals have been touted as a way to reduce the country’s criminal case backlog. Defendants are often given reduced sentences for saving judicial time by foregoing a trial. Nonetheless some of those plea deals have sparked controversy. Here are some of the notable plea deals of 2022:

Man who got teen girl pregnant sentenced to four years

Justin Pratt

The public was outraged at the four-year prison sentence handed to 40-year-old Justin Pratt, who impregnated a teenage girl. Under the terms of a plea deal, Pratt will spend three years on probation after he completes his prison term. He risks returning to prison for two years if he’s convicted of another crime during the probationary period.

Police arrested Pratt at his home on January 24, 2020 after they found the partially dressed 14-year-old girl there.

When officers checked out a tip from an anonymous caller, they reportedly heard “sexual noises” coming from Pratt’s apartment. The girl was putting on her school uniform when the officers entered. Police informed the girl’s mother of her whereabouts and took the juvenile to hospital, where doctors confirmed she was pregnant.

The girl said she met Pratt on Facebook in June 2019 and they began a sexual relationship soon after.

Following public outcry, Acting DPP Franklyn Williams KC justified the sentence. He said, “we have a generation of highly sexualised young people”, who in some cases lack parental guidance. This led some to accuse Williams of victim blaming.

Child rapist gets time-served 

Reginald Sweeting plea deal Bahamas
Reginald Sweeting

Pervert Reginald Sweeting was sentenced to time-served for raping a 10-year-old girl in 2010.

Pursuant to a plea deal, the 62-year-old was given credit for the three years, nine months and two weeks that he had spent in prison before he was released on bail for the case.

Sweeting was ordered to pay $5,000 in compensation to his now 22-year-old victim and placed on probation for two years. He will spend a year in prison if he fails to meet any of these conditions.

Sweeting, then 50, robbed the little girl of her innocence on January 10, 2010 when she went to his home to get an item for her grandmother.

Once inside, Sweeting pushed the girl on his bed and raped her.

11 years, six months for fatal stabbing

Kevin Gardiner plea deal
Kevin Gardiner

Thirty-one-year-old Kevin Gardiner accepted a plea deal to manslaughter in the May 4, 2018 death of Theagrea Hanna.

Gardiner, who was initially charged with murder, stabbed Hanna multiple times following an argument. He was sentenced to 15 years’ imprisonment, but the sentence was reduced to 11 years and six months after Gardiner received credit for the time he had spent on remand.

The Court also recommended that Gardiner take anger management classes and enroll in vocational training while in prison.

Disbarred lawyer admits stealing clients’ money

Jan Ward takes plea deal
Jan Ward

A disgraced and disbarred attorney who stole $1.7 million from his clients took a plea deal that requires him to repay the money and serve 18 months in prison.

Ralph Jan Ward pleaded guilty to eight counts of stealing by reason of service and eight counts of fraudulent breach of trust in September.

Between 2006 and 2007, Ward misappropriated money entrusted to him by eight clients to complete property sales, prosecutors said.

Under the plea deal, Ward remains free on $100,000 during the nine months he has to make restitution of $1,826,908.75, which includes 2.5 percent interest, to his victims.

At the end of the nine months, Ward will surrender to the court to be conveyed to the Bahamas Department of Corrections to begin serving his prison sentence.

However, if Ward defaults on the restitution payments, he will be jailed for four years.

Man gets 20 years for fatal shooting

Geffrard takes plea deal
Fritz Geffrard

Fritz Geffrard killed his girlfriend’s sister and shot her 10-year-old brother.

As part of a plea deal, Geffard pleaded guilty to manslaughter for the January 3, 2021 shooting death of Jilny Fleureme and the attempted murder of her 10-year-old brother.

He was living with the victims’ sister Wilmide Fleureme, but her parents didn’t approve of the allegedly abusive relationship

The day before the incident, Wilmide’s parents brought her back home with the help of police.

An angry Geffrard went to the family’s home and shot the relatives he met there. He was sentenced to 20 years in prison.

Copyright Bahamas Court News 2022

1 dead, 1 hurt in Key West Street shooting

NASSAU- One person was killed and another injured as a result of a shooting at Key West Street on Friday, December 30.

The shooting happened shortly after 5pm.

Police said two men, aged 25 and 27, were standing on Key West Street when gunmen existed a grey Nissan Note and shot them multiple times.

Both victims were taken to hospital by private car.

However, the 25-year-old died from his injuries around 5am on December 31. The second shooting victim was released from the hospital after receiving treatment.

Meanwhile, police are looking for a gunman who shot a man in his leg.

The shooting took place around 4am on December 30.

Police said the 26-year-old victim was outside his home at Toote Shop Corner when a gunman wearing a hooded jacket shot him in the leg.

The victim went to the hospital by ambulance. However, he was treated and released.

Police have asked anyone with information about the incidents to contact them by calling Crime Stoppers at 328-8477.

Copyright © Bahamas Court News 2022

Man who bought gun for protection jailed

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NASSAU- A man who claimed he bought a gun for his protection has been jailed.

Police arrested 27-year-old Geraiceo Brown on July 18 last year after they found a loaded Glock handgun during a vehicle stop.

The officers stopped the car because they suspected that Brown had drugs and guns due to his suspicious behaviour.

The officers found the Austria Glock .45mm pistol with an extended clip, containing 10 rounds of ammunition, in the centre console of the car.

Brown told the officers that the gun was his and he’d bought it for protection.

He told officers, “My father was killed; my brother was killed; I can’t take any chances.”

Brown was sentenced to 2 ½ years in prison after he pleaded guilty on December 29.

The prosecution dropped charges against the girlfriend due to Brown’s guilty plea.

Copyright Bahamas Court News 2022

 

Court bans teens from scene of guard attack

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NASSAU- Four teenagers accused of beating up a security guard have been banned from going to the Port Lucaya Marketplace as a condition of their $2,500 bail.

The accused—two 14-year-olds and two 15-year-olds—are charged with causing harm to the 48-year-old guard at the Lucaya Marketplace on Christmas Eve.

A cellphone video of the incident that went viral online shows the teens punching and kicking the guard as he lay on the ground.

Senior Magistrate Charlton Smith forbid the accused from going to the Marketplace and interfering with the victim pending their trial, which is set to begin on February 8, 2023.

Copyright Bahamas Court News 2022

Ozzie freed early on compassionate grounds

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NASSAU – Drug lord Austin “Ozzie” Knowles is back home in The Bahamas after being granted compassionate release last month due to an undisclosed medical condition.

Knowles, who ended his decades-long battle against extradition to Florida in May 2018, was deported here on December 29 after he was re-sentenced to time-served.

He pleaded guilty to drug trafficking offenses on October 8, 2018. He was sentenced to 12 years’ imprisonment on June 10, 2019 and ordered to forfeit $1 million.

However, Knowles’ sentence was reduced to seven years to reflect the time spent in custody while fighting extradition.

As such, the 60-year-old was expected to be released on February 8, 2025.

Knowles’ first bid to be freed on early on medical grounds was shot down last December.

In a ruling released on December 15, 2021, District Judge Robin Rosenberg said there were no compelling reasons for his release.

Knowles had claimed that his life was in danger due to a COVID-19 outbreak in the McCrae Prison.

Knowles said there is no social distancing at the prison and that he was at greater risk from COVID-19 because suffers from hypertension and obesity.

He said, “I should not have to face a potential death sentence or long-term permanent health impairment from COVID-19 as a result of my guilty plea and sentencing.

“I fear for my safety and my life because the Delta Variant is widespread through the prison that I am housed in.”

However, Knowles succeeded in convincing the court to free him early during a second application.

The arguments and reasons for his release have been sealed by the court.

The medical parole program — which is also known as “compassionate release” — is for inmates who are terminally ill or permanently incapacitated, and do not pose a public safety risk,

Copyright Bahamas Court News 2022

Man on murder bail accused of shooting

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NASSAU- A man out on bail for murder has been charged with a shooting that left a man seriously injured.

Prosecutors say 20-year-old Mauricio Webster, while being concerned with another, tried to kill 28-year-old Adam Newbold.

He was at an area on East Street, known as the Big Yard, when he was ambushed by two gunmen on December 18.

Newbold was shot in the abdomen and legs.

Webster didn’t have to enter a plea to the attempted murder charge when he appeared before Magistrate Samuel McKinney on December 28 and denied bail.

He returns to court on March 31 to receive a voluntary bill of indictment.

Webster was fined $3,000 in the same court after he admitted to breaching the terms of his bail for December 23, 2020 murder of Bradley Strachan Jr at Peter Street.

Webster failed to charge his electronic monitoring device five times this month.

If he doesn’t pay the fine, Webster will have to serve a six-month prison term instead. He was also placed on probation for 18 months and will be liable to one year in prison for breaching its terms.

Copyright Bahamas Court News 2022

Teens charged with beating security guard

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FREEPORT- Police have charged four teenage boys with the beating of a 48-year-old security guard at the Port Lucaya Marketplace in Freeport, Grand Bahama that was filmed and posted online.

The accused—two 15-year-olds and two 16-year-olds—were charged with causing harm in relation to the December 24 incident.

Throughout the cellphone video, several attackers are seen repeatedly kicking and punching the victim as he lay on the ground at the popular marketplace.

The teens, who cannot be named because they are juveniles, did not enter a plea to the causing harm charge when they appeared before Senior Magistrate Charlton Smith on Wednesday, December 28.

The teenagers will appear before Smith today for a bail hearing after spending the night at the Central Police Station.

 

Man accused of having sex with missing girl

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NASSAU-A 23-year-old man has been charged with having sex with a 14-year-old girl, who had been reported missing.

Officers attached to Operation Ceasefire arrested Cecil Smith at St James Road, off Kemp Road after he was found with the missing minor on December 20.

The girl’s family reported her missing on November 23.

Prosecutors say Smith had unlawful sexual intercourse with the juvenile on December 19. The girl couldn’t give consent because she’s under 16.

Smith wasn’t required to enter a plea to the charge when he appeared before Magistrate Shaka Serville.

Serville remanded Smith into custody until March 31, 2023 because he doesn’t have the authority to consider bail for the offence.

However, Smith can apply for bail in the Supreme Court.

Cop hurt after driver rams barricade

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NASSAU-Authorities are looking for a driver who injured a police officer after ramming a barricade on Tuesday morning.

The incident happened around 1am during the Boxing Day Junkanoo Parade.

The officer was stationed at the juncture of West Bay and Nassau Streets when the driver of a black, Japanese car rammed the barricade—and kept driving.

The police officer was taken to the hospital, where he was treated and discharged.

This was the only major incident that occurred during the Junkanoo Parade, police said.

Officers from the Royal Bahamas Police Force and Royal Bahamas Defence Force provided security for the parade.

Why bail is important

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NASSAU- For years, the police have blamed people on bail for high crime rates, leading many to call for the refusal of bail for those accused of serious crimes.

This shows a general misunderstanding of the role of bail in the criminal justice system.

One of the most basic protections afforded to people accused of crimes, is the presumption of innocence.

Once police arrest and charge a person with a crime, they are not convicted.

They are presumed innocent until a court finds them guilty.

Consequently, it is not right to detain an innocent person for an extended period without a conviction.

This is where bail comes into play.

Courts can release persons accused of crimes on bail on the condition that they will appear for further court hearings. The accused can either post cash bail or have a suretor sign a guarantee until the case is over.

One of the benefits of granting bail is that it also reduces a burden on the public purse.

It is expensive to hold all accused persons in custody until their trial.

Due to the backlog in the court system, it could take years for a trial to be heard.

According to the 2010 Annual Prison Report, the yearly cost for maintaining an inmate was $16,151.13. What’s more, a 2020 IDB report, said The Bahamas’ prison has an overcrowding rate of 173 percent. However, most of those detainees haven’t been convicted.

Nonetheless, bail can still be denied in the interest of public safety or the safety of the accused. However, the prosecution must produce convincing evidence that releasing an accused will result in further crimes, or the accused will not return for trial.

Still, the Court of Appeal has said a judge cannot deny bail because a person is accused of reoffending while on bail.

The Court said the judge must assess the evidence on which the new charge is based.

In the 2021 case of Stephon Davis, the Court ruled that a judge was wrong to deny him bail because he was accused of a new murder charge.

The Court ruled that the evidence that the prosecution proposed to present at trial was not sufficient to justify the deprivation of his liberty by arrest, charge, and detention.

As a result, he was granted $25,000 bail with reporting and curfew conditions.

Copyright Bahamas Court News 2022

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