A 45-year-old La Plaine man charged with stealing over $20,000 worth of alcoholic drinks from HHV Whitchurch and Co. Ltd wholesale store in 2009 has been sentenced to prison.
Derrick Bruney was found guilty of burglary and handling stolen goods. He was sentenced to four years for burglary and three years for handling stolen goods, to run concurrently.
Bruney, who represented himself during the two-day trial, maintained his innocence even after the verdict was passed. He assured High Court Judge Birnie Stephenson-Brooks that he will appeal the case as soon as possible.
Bruney had cut a hole in the southern side of the company building in order to steal numerous cases of Johnny Walker Red and Black Label Whiskey, Gordon’s Dry Gin and Baileys liquor from the said building at about 1 a.m. on May 28, 2009.
“I find that the jury has done their job but I don’t think that their job was proper because I am not guilty of burglary or handling stolen goods…. So be it. I know that I wanna appeal this matter as soon as possible,” Bruney told the court.
An eye witness, Mervin Charles, had testified that on May 28, 2009, sometime after 1 a.m. he saw someone pushing a garbage bin filled with boxes. He followed the person into Old Street. The court heard that the person stopped in an alley and parked the bin near an old caravan. With the help of a street light, Charles said that he was able to see Bruney, his friend, and asked him what he was doing.
Charles said he asked Bruney for “something”. Bruney told him to go to the Whitchurch Wholesale Store to get a bottle of whiskey he had left on the floor of the building.
Charles went and took the said bottle of whiskey but later returned it upon instructions of his brother.
Another prosecution witness, Thomason Thomas, a Krazy Kokonuts bartender, told the court that he had seen the defendant while driving along the vicinity of the wholesale center after work on the said date. Thomas said that he had noticed some unusual activity.
“It was like a burglary,” he told the court.
Thomas said he knew Bruney aka “Yankey” for two years and that he had seen an individual (Bruney) walking with a case of Johnny Walker Black Label in one hand and two bottles of Baileys liquor in the other.
He later recognised him as ‘Yankey’ under a florescent bulb which was lit in the building at the time. He said that he also saw an unidentified man pushing the garbage bin filled with cases of liquor.
Bruney, upon spotting him, asked whether he was a soldier, to which Thomas responded, “Don’t worry about that.”
When confronted by police, Bruney said he never knew Thomas.
Investigating Officer, Acting Corporal Rene Samuel, whose deposition had to be read as he was out of state, indicated to the court that Bruney claimed to “not know what mister talking about”.
Samuel said that he had noticed a number of bricks and bottles of liquor on the floor of the warehouse at about 2 a.m. during his investigations on the day of the incident.
He also noticed a fresh 3-4 ft hole in the southern side of the building with pieces of wood around that area.
The southern part of the building was well lit, according to Samuel.
“Officer, fellers coming from overseas and do thing like that I don’t know what you’re talking about,” Bruney told Samuel when confronted.
Police found no finger prints during investigations, according to evidence presented in the court.
Bruney defended himself in an unsworn statement today. According to him, at 1:45 a.m. on the said date, he was in the market helping his aunt with oranges she had brought down from La Plaine. He said he never went in the Whitchurch wholesale area.
“I have been charged for a crime that I did not commit,” Bruney said in his defence.
He said the prosecution had no real evidence against him and that their witnesses had conflicting evidence.
“Mervin said he saw me, Thomason Thomas said he saw someone else [pushing the garbage bin],” Bruney told the court.
“There is no witness that can come here without a doubt and place me as a handler…. or for entering as a trespasser,” Bruney told the court.
Before passing sentence the judge presented Bruney with his lengthy conviction sheet. He had numerous previous convictions of theft and handling stolen goods, along with cocaine and cannabis possession dating back to 1992.
“It is clear to this court that the slaps on the wrist that you have had in the past have not deterred your behaviour,” Justice Stephenson-Brooks told Bruney.
“The court has to consider the protection of the public in matters such as these… The court is mindful that you have been remanded at the Stockfarm prison since July 27, 2010,” Stephenson-Brooks said.
All the goods were not recovered. The maximum penalty for burglary is 12 years while handling stolen goods carries 14 years.
The time already spent in jail will be deducted from his sentence, the judge directed.
All recovered items were ordered to be returned to the owner.
why it is that everytime someone leaves a places for years and not even the young lile me is aware who the hell is this person, they never do good for the place all the time they in their good time they come after donkey years n say they from the place they born. thats so unfair to the place.
from what i heard so far he desearves what he got. they penalty not even enough cause he not depressed he in his right mind
All over the world it is the same. You get punished more for stealing than you do for killing.
Especially if you dare to steal from the rich.
I don’t know this man, but his past was sure to catch up with him sooner rather than later.
As for saying that the crime was/could have been done by a visitor to the island makes
me VERY ANGRY. Why do Dominicans (OK some) always try to blame everyone else for the wrongs on the island.
@That’s not nice.: tell skerrit that
@Fairplay: the sentence is not exceesive it is the maximium. but if it was your whiskey he would not get all that prison..
He should of gotten a lawyer….that’s why he got convicted, the testimonies are of someone else’s opionion, no one saw him actually committing the crime. The sentence is not harsh seeing that he is a repeat offender but at the sametime, he only look guilty because he was in the area and a known offender and his lawyer would of objected alot of the statements made.
He didn’t properly represent himslef. That’s why he is going to jail.
@JUSTICE FOR ONE……………………..:
Many of us without a Law Degree could judge this case and correctly so. We could be investigators in our own rights.
Deal with one case at a time which is what the Law is doing. Do not bring other matters into it which is irrelevant to this case.
Face it. The issue here is that he is convicted of stealing liquor from a store.
If he stole and the goods were found in his home, on his property or with/on him, whichever way you look at it, he is downright guilty of trespassing, theft and damage to property. In this respect, no excuses should be made for him.
He is another one who needs to be rehabilitated and who is also in dire need of the blessing and grace of God. He is not a young person.
Our patient God who sees what we do, gives us a lot of time because He loves us. It is time for him to turn to God and ask His forgiveness for sins committed and to genuinely worship Him in truth.
I don’t believe that someone should be convicted on a past crime if they have already served the time for it. If the evidence does not warrant jail time then jail time shouldn’t be granted.However, depending on how he defended himself and how the prosecution handled the case, it seems to me that he should invest in a lawyer of his own because all the cases we hear of these people getting away with murder, they have lawyers who are good at what they do (not necessarily good lawyers) to defend them.
come on now people, the guy has a 15 years rap sheet. he is finally being punished.
can i please be filled in? Who got two years for murder and who did he/she kill?
WRONG IS WRONG IS WRONG.. Justice for one must be justice for all. What about the criminal offense, that of stealing hundreds of thousands of dollars from the Treasury, stealing people’s money without their permission to secretly purchase RUBBISH BINS in order to make profits to be pocketed by a few persons in Public Office? Bruney is totally wrong to steal. However, The Rubbish Bin Deal/ theft was perhaps 40 times worse than Bruney’s theft of alcohol at Whitchurch.
In fact, if private investigations did not reveal the facts to the public, Dominicans would never know about that theft. And even after the public got to know, authorities were stubborn to accept. When the authorities in Public Office finally and halfheartedly accepted that illegal acts were committed, because the truth was so overwhelming and could not be refuted, lies were spewed about monies owed that was paid completely. Just to know that all the debt was not paid as told to Dominicans.
In fact, Dominicans found it strange that the monies owed were completely paid twice… totally flabbergasting and beyond mathematical truth. So illogical that one could owe someone, let’s say $10.00, and repay every amount of that debt of $10.00 not once, but twice. The authorities made a complete hash of that. It is said that LIARS have SHORT memories.
That RUBBISH BIN BOBOL, NOTHING STOLEN? NOTHING WRONG? NO INVESTIGATION? NO COURT CASE? NO PUNISHMENT? BECAUSE IS HIGH REPUTE PEOPLE IN PUBLIC OFFICE WHO DO IT? SO MUCH FOR JUSTICE/INJUSTICE IN DOMINICA.
I Guess Whitchurch Had it with steeling. .I guest this an example to some employees who’s thinking of steeling At Whitchurch again.They have to think twice. A job is so had to find what sence does it make to go to jail for steeling some liquior.The judge could have pardon him if he had stolen some food to feed his children, But not liquior. All employers You had workers steeling from them knows what Whitchurch is going through.I guess this is an example.
that’s what i would like to know if he has a bar somewhere ? what happened to all the drinks they should really look into that .
To All Judicial Personnel:
There is nothing wrong with adopting some of the criminal codes of other developed nations.
AS 11.46.190. Theft By Receiving.
(a) A person commits theft by receiving if the person buys, receives, retains, conceals, or disposes of stolen property with reckless disregard that the property was stolen.
(b) As used in this section, “receives” includes acquiring possession, control, or title, or lending on the security of the property.
I am not here to declare the man’s innocence or guilt but if this guy had a lawyer or let us just say he was politically hitched or connected he would have walked away a free man. The word of two eye witnesses at night? Man a defense lawyer would be smiling.
A case like this shines light on the faulty nature of our justice system. One is liable to 12 years in prison for handling stolen property – be it a bag of mangoes. Yet people walkway from murder cases when a 100 witnesses saw the accused commit the murder; A connected business man wilding a hand gun in threatening manner is fined $2800. Thieving politicians never make it before the courts instead they walkway with millions of dollars hidden.
Justice the poor man’s enemy manupilated by politicians , friend and foe of the rich and connected. JUSTICE SA LA SA
@ Old Stone the 1 with the hummer is innocent until proven guilty.Give damn boy a break.
Again we see the inconsistencies in our justice system! Seven years for stealing goods!!!! 0 years for murder???!! This country is just out of wack!
@Anonymous: “He was sentenced to four years for burglary and three years for handling stolen goods, to run concurrently.” TO RUN CONCURRENTLY….that is happening at the same time …..so no he was not sentenced to 7 years…its actually 4 years
Derick need to get that monkey off his back.Better off in jail before getting killed on the streets.
@lover boy: so it’s ok to steal from the rich not the poor?
now when the rich put in arlarm and hightec stuff and he cant steal he will turn to u the poor
and take your’s they say this guy been stealing for yrs now sit there and talk about poor man
THE JAIL SENTENCE MIGHT SERVE AS A GOOD REHAB FOR HIM. HE HARD ON D OIL.
conflicting eyewitness statements…….and NO PINPOINT EVIDENCE…
HE CAN SURELY FREE HIMSELF
WHO WAS THE UNIDENTIFIED PERSON PUSHING THE CART?
COULD IT NOT HAVE BEEN THAT PERSON WHO COMMITTED THE BURGLARY?
WASN’T IT SAID THE SAID CART WAS FILLED WITH JOHNNIE WALKER?
EASY FREE UP FOR MR AND I AIN’T EVEN A DAMN LAWYER
but allu cyan read man,,4 yrs he going jail for..not seven..the jail time running concurrently..jeezz allu like to change a story eh jean dominique smh…..
THREE BROTHER ALMOST KILL TWO GIRLS AND GOT SUSPENDED SENTENCES< ANDTHIS MAN GOES TO JAIL< THE JUDGE IS AN IDIOT< ANOTHER SO CALL IN ROSEAU TOUCH A LITTLE GIRL PRIVATE AND GET SIX MONTHS< WELL THIS IS THE REASON I SOLD MY PASSPORT, THIS COUNTRY IS A MESS
@top cat:I agree; the sentence is excessive. The stolen alcohol is covered by insurance.Witchurch did not loose a thing.I do believe that if he had stolen from a poor person he would walk or receive a slap on the wrist.
@ras: AMEN TO DAT… PURE INJUSTICE
YES DOMINICAN HOW MUCH YRS WOULD U GIVE FOR THE[VILLAS]OR THE [GARBAGE BIN MONEY] OR ARE THE JAIL PUT THERE FOR POOR PPLE CHILDRENS ONLY,LIKE THE YOUNG BOYS WHO SOLD DRUGS FOR THE BIG BOYS ,BUT I HOPE THEY KNOW MY ALMIGHT FATHER IS LOOKING ,SO GO TO JAIL AND EAT WHAT YOU DIDN’T WORK FOR,
i agree with the sentence
only the poor man fell it
and kingly treatment 4 those doing the biggest crimes
D is always in some problem.hope things work out for him..Never 2 late bro.
That is just … wrong, this judge is an ….
They catch you with a spliff and give you a hard time.
You kill a man and walking around.
You get caught with all kinds of drugs pounds/kilo’s Hummer and you free….
Boy boy boy.
@top cat: i agree with you
repeat offender finally gets what he deserves……this man got away with so many thefts , finally it caught up to him.
Pls i not reading right seven years omg
How come he is charged for stealing and handling stolen goods.
exactly. the law system is twisted….
@top cat: all depends on WHO you steal from. if it was from some struggling man trying to make ends meet he would still be on the road
yes two years for murder it is much eaiser to kill someone than stealin u have to plan to break open someone house while someone may get u angry a little slap the person die stealin has no excuse i dont condone those senseless killing but stealing has no excuse
A magwe ca, so much for the justice sytem in DA. He offended the premises of the upper echelon in Dominican society, hence the harsh sentence. The rule of law is meant to protect the interest of the elite. A classic case in suppot of Marxian thought? Let’s start a civic discussion
it is more likely for someone to steal again than to kill gain…thats the only logic i think judges in d/ca using these days..some judge needs to get fired…asap
Just now Mister have a bar some where? if he drank $20.000 worth of rum he would be a dead man by now what did he do with the drinks look for the drinks there are more people involve in that. PLEASE
seven years for stealing and two years for murder only in Dominica.