NASSAU – Need to get out of jail? An affidavit from the Commissioner of Corrections might help.
The Court of Appeal on Monday sentenced gun convict Ronald Moorhead Jr to three days’ imprisonment, after Doan Cleare admitted in an affidavit that the prison lacked the manpower and resources to manage his Type 1 diabetes which requires around-the-clock monitoring.
Moorhead, 53, was jailed for one year on June 21 after he pleaded guilty to possession of a firearm and ammunition.
Police arrested Moorhead after officials at the airport in Marsh Harbour, Abaco found a handgun and five rounds of ammunition in his luggage as he prepared to return to the U.S.
Moorhead is licensed to carry the gun in his home state of Georgia.
But, he was freed on $10,000 bail on June 24—thanks to Cleare’s admission.
Appealing his original sentence, defense lawyer, Christina Galanos, said returning Moorhead to the prison could become a death sentence.
According to the U.S. State Department’s Human Rights Report, conditions at the country’s only prison “were harsh due to overcrowding, poor sanitation, poor ventilation, and inadequate medical care.”
The prosecution conceded that it would be inhumane to imprison Moorhead, and suggested a fine as an alternative sentence.
Galanos also suggested a $10,000 fine, the amount of his cash bail.
However, the Court of Appeal panel agreed that a fine is not an option under the Firearms Act.
Galanos then suggested a sentence of three days—the time Moorhead already spent in custody.
Having regard to Moorhead’s exceptional case, the Court quashed his 12-month sentence and imposed a sentence of three days, effective June 21.
The decision doesn’t mean that other people convicted of firearms offenses should expect a similar sentence.
That’s because the sentence factored in Moorhead’s exceptional circumstances.
Still, the too sick for jail argument could become an issue again, if the notoriously atrocious conditions at the prison don’t improve.
Copyright ©️ Bahamas Court News 2022
