3 sentenced for 2013 bar room brawl which left one man dead

TWO men who pleaded guilty to their role in the unlawful killing of a Gasparillo pipefitter in a bar room brawl in 2013 have been put on two-year probation while a third was ordered to be released as the time he has spent in prison has exceeded the sentence imposed on him.

Ian Friday, Jerome Hinkson and Ian Lima were before Justice Lisa Ramsumair-Hinds charged with the murder of Kenneth Marshall on September 18, 2013, at a Gasparillo bar. The three entered plea discussions with the Office of the Director of Public Prosecutions (DPP) and were allowed to plead guilty to unlawful killing (manslaughter).

On Tuesday, they were sentenced by Ramsumair-Hinds, who departed from the proposed sentences in the plea agreement, saying she would not rubber-stamp a plea agreement. The judge started with an 18-year starting point for each man and individually applied the relevant downward adjustments based on mitigating factors, the one-third discount for their guilty pleas and the various times they spent on remand.

Hinkson received the largest downward of five years, and his eventual sentence was time spent since his remanded years exceeded the sentence the judge imposed.

Friday and Lima were both put on probation with strict orders that they enrol in anger management therapy sessions every month at any secular or spiritual institution approved by the probation officer, and that they speak to young people through institutions such as schools, police youth clubs or any other established clubs twice a year.

If they fail to do so they will serve the remaining time on their sentences - six and a half months for Friday and one year, three months for Lima.

She said she saw no useful purpose in imposing custodial terms given their attempts at rehabilitation.

According to Ramsumair-Hinds, a sentencing exercise was not meant to be generous to one side nor was it meant to be sympathetic.

“It has to be reasoned and logical.”

She acknowledged that “reason and logic” would seem cold and harsh to those close to a victim but also said, “justice is tempered with mercy.”

She also said “while the sting of death cannot be undone and the suffering of the family of deceased cannot be stemmed,” from a sentencing perspective, the three men had more than paid the price for their involvement in Marshall’s death.

The three men were accused of kicking and cuffing Marshall. Closed-circuit television (CCTV) footage from the bar was also presented as evidence and a portion of it was shown at Tuesday’s sentencing exercise.

During the bar brawl, a witness heard one of the men shout out, “Yuh cuss meh bout meh mother, yuh cuss meh bout meh mother.”

One of the men took up a wooden bar stool and hit Marshall with it and it was Hinkson who held him back and took the stool, throwing it behind him.

Lima was also heard saying, "My mother now dead. I now bury meh mother and he come cussing meh about meh mother. He now cuss meh about meh mother c--t and I now done bury meh mother."

To this, Ramsumair-Hinds said while it was obvious he shared a close relationship with his mother, the toxic masculinity displayed was uncalled for.

“I categorically discourage the toxic masculinity in our society where some seem overly offended when certain overused, ordinary curse words as if those words could ever truly harm the reputation of a good mother and worse yet if they need a bar room brawl to defend their mother's reputation.

“That is toxic masculinity.”

And while she acknowledged that Marshall’s provoking words went beyond cursing, she said Lima could have walked away.

She also said he catapulted the altercation into brutality and was poised to strike again if he was not pulled away.

“It was not the worst of the worst. You would be surprised by some of the things we see in this court…. The act was spontaneous with no real planning. It was not a prolonged one. Violent yes, brutal yes, but not prolonged.”

The judge also addressed Marshall’s wife who was present on the virtual link for the sentencing hearing. “There is nothing I can say to ease your broken heart…”

However, there was no containing Angela Marshall’s grief.

“It is not accepted because these people are free. This is not right. This could never be right.”

Representing the three were public defenders Delicia Helwig-Robertson, Chimere Gibson-Wadi, Collin Elbourne, Ravi Rajah and Michelle Gonzales.

The State was represented by Solange Devenish.