Man pleads guilty to having shotgun and cartridges

A Dorsetshire Hill man will know his fate today, March 3, after pleading guilty to having a shotgun and shotgun cartridges in his possession, yesterday, at the Serious Offences Court.

Shane Davis, 28, is charged that on January 10, 2017, he had one Manufrance Saint-Etienne shotgun in his possession without a licence and on that same date and place he had four shotgun cartridges without a licence, both contrary to the Firearms Act.

Police say, that on Tuesday ,January 10, 2017 around 10:10 p.m., Detective Constable 865 Joseph was at Dorsetshire Hill, when he saw Davis loitering around a motor vehicle, holding something that resembled a firearm. As the police transport got closer, Joseph saw Davis drop the item and walk away. The officer shouted, “Police!” and ordered the labourer to not move.

The young detective constable alighted the vehicle and pointed out his observation, took up the firearm and cautioned Davis, to which he replied, “Officer, I find it and was going to bring it to the police.” Davis was arrested and further searches on his person revealed a black plastic bag containing one red shotgun cartridge.

“I find that with the gun too,” Davis told officers, when questioned.

Officers also found a pair of black latex gloves, a black jersey, a black hair net and dark coloured jeans in Davis’ knapsack. He was taken to the Montrose Police Station where officers discovered three shotgun cartridges in the breach of the firearm. The weapon was also tested and found to be in good working condition.

During mitigation, Davis’ lawyer, Grant Connell, said his client has no previous convictions and was extremely remorseful for his actions. According to Connell, Davis is a labourer/salesman and the items found in the bag have no nexus to any criminal activity. According to Connell, Davis works with oil and lard and wore the clothes while working, adding that other clothing and soap were also in the bag.

The lawyer said his client intended to hand the firearm over to a police officer he trusted – Corporal Maloney, aka ‘Drive By’.

He, however, admitted that Davis was found in possession of the firearm, urged the court to consider his intentions and begged for leniency, although the court tends to send a message as it relates to firearm possession. Connell requested a suspended sentence for his client.

However, prosecutor Elgin Richards pointed out that the charge is a serious offence, adding that the aggravating factor is the clothing found along with the firearm. Richards said Davis dropped the gun when he saw the police, which showed he had no intention to hand it over.

He strongly recommended custodial sentence, but asked that it be less than one the Chief Magistrate Rechanne Browne-Matthias usually hands down as it relates to firearms, given that Davis pleaded guilty at his first opportunity. Browne-Matthias then ordered that Davis be remanded into police custody while she considers his sentence.

Davis’ case was the second one this week where a man was charged for having the same type of firearm.

On Monday, New Montrose man Kirth Stapleton was granted bail in the sum of EC$30,000 after he pleaded not guilty to having one Manufrance Saint-Etienne shotgun, along with three shotgun cartridges on February 24. Stapleton is expected to return to court on March 13, 2017 for trial. (AS)