Killed a man at 14, 20-year-old sentenced to 7 years

A 20-year-old man who confessed to a brazen gang-related killing at the Oropune Gardens housing development in 2018 will remain at the Youth Training and Rehabilitation Centre (YTRC) to serve out the remainder prison sentence imposed on him by the court.

Justice Lisa Ramsumair-Hinds made the order on July 31 as she sentenced him to seven years and six months at the court’s pleasure, subject to annual sentence reviews. He was also charged with possession of a firearm, ammunition and shooting with intent but was sentenced to time served for those.

He was 14 when he killed Francis Stafford on January 25, 2019. He was charged with another teenager and the matter was heard in the Children’s Court but when they turned 18, it was transferred to Criminal Assizes as the indictment was only filed then.

The judge previously severed the indictment for the two, and after his public defender, Adaphia Trancuso-Ribero asked for a maximum sentence indication in April.

In her sentencing, the judge referred to the prisoner only by his initials and ordered he remain anonymous in all publications.

She also admitted the case should have stayed in the Children’s Court but used provisions of the Children’s Act to sentence him which took the mandatory death penalty off the table.

“This should have stayed in the Children’s Court.”

She also called for legislative amendments or guidance from the higher courts on the spectrum of possible sentences available to judges in similar cases since some of the provisions of the Children’s Act were not applicable in this case.

In this case, she said it was open to her to impose an indeterminate sentence at the court’s pleasure with a minimum term and periodic reviews.

“At the time of the commission of the offences, he was a minor, a child.”

Ramsumair-Hinds also noted that there were no rights to a speedy trial or for one to be held in a reasonable time although there were conventions which provided for it which have not been adopted in local legislation. She called for a review of this.

As she referred to the evidence, the judge said the victim suffered multiple gunshot wounds. She also noted the prisoner had 12 infractions in jail from 2018-2021 although he participated in several programmes at the YTRC - at least 12, including CXC, sport and vocational studies- and was a mentor and motivational speaker at the prison for at-risk youths.

His confession when arrested after the shooting and a letter of apology to his victims went to his benefit.

However, the judge warned that the courts cannot fix sentences that give young people the impression they will get an automatic reduction.

“Young people must know you cannot commit crimes and escape unscathed. There is a need to deter others.”

However, she pointed out that in his confession, the prisoner told police after he ran from the scene when his gun jammed, he went to sleep.

She described the killing as a “cold, calculated and callous act.”

The prisoner received credit off his sentence and a one-third discount for his guilty plea while the time he spent in prison was also deducted leaving him with seven years and six months.

“He ought to serve the punitive term for the come he committed before he went to sleep. A minimum term has to be served. It is not excessive.”

She ordered him to remain at the YTRC and return to court for his first annual review on July 1, 2025.

Stafford’s girlfriend who was also shot said she cannot forget the traumatic experience. She, Stafford and some friends had returned to Building 19 after going out but were locked out of their friend’s apartment so they waited until someone came to let them in when the prisoner and the other teenager opened fire on them.

The incident affected her relationship with her family as she felt they blamed her for having them live in fear as she was a witness in the case. She has a phobia of staircases, is sceptical of young boys and still experiences pain from the gunshot to her leg.

In his confession, the prisoner spoke of a plan to kill Stafford. He called the name of the person they received the guns from and the incident.

“Franny wanted to take control of the back down there and was always threatening… Me and others plan to kill him.” He said after he “buss a shot,” his gun jammed, he got scared and ran. He returned the gun and went to bed.

“I am sorry for what happened.” At the time of the incident, Stafford’s relatives told the police about threats he received from gang members. He had an eight-year-old son.

Charmaine Samuel and Guliana Guy appeared for the State.