Layou man gets four and half years jail time on gun, ammo possession charges

A 36 year old man from Layou has been sentenced to four and a half years in prison after being convicted for illegal firearm and ammunition possession.

Tambu Patrick went through a full trial before being found guilty last Friday, January 24, for possession of a Taurus 9 mm pistol, and 17 rounds of 9mm ammunition without having a license under the Firearms Act.

On April 11, 2018, the date on which he was found with the weapon and ammunition in his possession in Layou, Patrick was said to have assaulted two police officers, and damaged a bullet proof vest, the property of the Government of St Vincent and the Grenadines (SVG).

Senior Prosecutor, Adolphus Delplesche succeeded in proving the case that, on the said date, a party of police officers went to the home of the defendant in Layou to execute a search warrant in respect of firearm and ammunition. The party was led by one Corporal McDowall.

They met the defendant naked, and he was instructed to put on some clothes, so he donned a pair of boxers. Patrick then showed the officers his room, and a search commenced. At that time his house was surrounded by armed police officers, and other occupants were being kept in a separate area.

During the search, a police officer found, concealed in some male clothing, a loaded firearm and an ankle brace. Apparently, as the officer approached Patrick with the gun, the then 35 year old took off running down the corridor, where he met with a woman police officer, and pushed her off, causing her to fall. After this he, met another policeman at the front door and he tussled with him too, damaging his vest. After passing this police officer, Patrick was running in the direction of another officer with what appeared to be an object in his hand when he was shot from behind in the hip by the officer he passed at the door; he fell.

The leader of the party of officers came outside, and he supervised the taking of Patrick to the hospital, where they gave evidence that a knife was found on his person.

The prosecution had to establish elements of custody and knowledge in order to prove their case. Delplesche made the point that there was no evidence that anyone else occupied the room.

In proving knowledge, Delplesche stated, “the question is: Why did the defendant run out of that room as soon as the firearm was found? Why?

“I’m saying to you your honour – there goes the knowledge. He knew it was there. The inference could be drawn that he saw when it was being found hence he tried to make good his escape”.

Defense lawyer, Grant Connell, who represented Patrick said in his final submissions that when the officers found Patrick in the house naked, and allowed him to put on his boxers, there was no weapon on him at that point and thereafter, he was being closely observed.

Further, he submitted that there was conflicting evidence from the officers, and that the leader of the party did not testify to there being a gun found. Therefore, Connell argued that the question could be raised as to whether Patrick was actually under arrest at that point.

Patrick himself said that the officers weren’t allowing him to urinate, and so he ran outside in order to use the bathroom, evading the officers.

“He run from his house to go and urinate. Lick down Jackson, fight off Williams to go and urinate and the bathroom was in his house, that flies in the face of common sense and sound reasoning your honour,” the prosecution stated.

Patrick’s version of events was rejected and Chief Magistrate Rechanne Browne agreed that Patrick’s version defied sound logic, reason and common sense.

Despite the defendant having no previous convictions, and that he still requires medical attention to remove pellets left in his hip, Patrick could not evade a jail sentence.

Connell said Partrick, an American citizen, has fears that he would go into surgery and not come back out if he undergoes it here.

However, the prosecutor said that, based on the letter, his injury was not one that precluded him from receiving a custodial sentence.

And Delplesche emphasized the Court of Appeal’s position on firearm matters, namely, that there is a proliferation of them in SVG.

The chief magistrate noted that there seems no change in Patrick’s daily functioning in relation to his medical situation.

After considering aggravating and mitigating factors, Browne imposed a four and half year term for the illegal gun possession; 18 months in jail for the possession of illegal ammunition; six months on both charges of assault on a police officer; and compensation of $235 forthwith for the damage to the bullet proof vest with a default of two months in prison
All sentences are to run concurrently.