Gun holder claims weapon belonged to dead man

A 23-year-old Newtown man who pleaded guilty to unlawfully having a 1.2 rifle and five rounds of .22 ammunition in his basement could not convince Magistrate Ossie Lewis that he intended to give up the gun which he claimed he was only holding for someone who later died.

Bradley Simon and his brother Kurt Pemberton appeared before the Roseau magistrate on drugs and ammunition charges today.

Simon pleaded guilty to the charges of possession and intent to supply 93 grams of cannabis and possession of the rifle and ammunition. Pemberton pleaded not guilty to all the charges, which were subsequently dropped against him.

On June 30 at about 6:30 a.m. Constable J Drigo and other police officers were executing a search warrant when he found a black plastic bag in the defendant’s bedroom, containing 26 clear individually wrapped plastic bags with a quantity of alleged cannabis in each of them.

According to the facts presented by the police prosecutor another quantity of cannabis was found in the defendant’s room.

“The search continued and the officers proceeded to the basement of the house and while in that area … Constable Drigo found a 1.2 rifle … Upon examination of the fire arm the officer found five rounds of .22 rounds of ammunition in the magazine tube and chamber,” he added.

“Officer my arm that there… I tell you the gun is mine and the bullet, it is mine. My brother has nothing to do with that,” Simon had told the police officer.

During a plea of mitigation, Simon’s lawyer Peter Alleyne told the court that his client was a first-time offender who had fully cooperated with police.

He explained that “a guy from Newtown” was the one who had given Simon the gun to hold onto. Since that man’s death, Simon held the pistol and did not even know that the gun was loaded.

Alleyne mentioned that after showing the gun to a known convict who offered to buy it Simon refused to sell.

This convict told the police about the pistol while he was being investigated for a robbery. This prompted the search warrant.

“I think he deserves a little bit of credit that he did not pass on the gun,” Alleyne said. He reiterated that his client intended to give up the gun but was not sure of how to go about doing it in a way that he would not “have tie” with the police.

Magistrate Lewis however did not believe the defense.

“If you are a well intentioned person having first made the mistake of holding the gun for somebody… and you’re wondering who to give it to … You should contact your lawyer…” he said.

“That to me did not wash too much, that he didn’t know what to do with a weapon with bullets … especially in these times of violence … First of all he should not have accepted the firearm. I don’t think there was any intention to give it up,” Magistrate Lewis added.

Simon was fined $1,100 for intent to supply 93 grams of cannabis. This is to be paid by August 31 or he will spend 10 weeks in prison.

On the possession of the firearm charge, he was fined $2,500 to be paid by November 30 or he will face five months jail. He is also to pay $2,000 for the possession of ammunition by January 2011 or he will face five months in prison. These two sentences will run concurrently while the drug and gun charges will run consecutively.

There was no separate penalty for the possession of cannabis.

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14 Comments

  1. Anonymous
    June 29, 2011

    what is the proper way to own a fire arm in D.A. ? legally? can someone tell me.

  2. Anonymous
    June 29, 2011

    I think one has the rigth to bear arms? dont they in D.A.

  3. July 8, 2010

    dont stop these gun totting individuals, wait for dominica to be like Trinidad then we will blame the police laws were passed and the magistrates slapping people on the wrist best i to get a gun and depend myself……………………. the law is an §§§§

  4. Anonymous
    July 8, 2010

    pretty soon soon Da will be like Trinidad dont stop these gun offenders

  5. Homeboy
    July 7, 2010

    “Simon’s lawyer Peter Alleyne told the court that his client was a first-time offender who had fully cooperated with police”.

    Is this the modus operandi for Alleyne, to say that his client has cooperated with the police? If I can remember he did the same thing for Davidson Daley( Rastaman) who allegedly threw a “spliff” over into the river when confronted by a policeman who had nothing better to do than arrest a man for a joint.

    Mr Alleyne you are being paid to defend not plea- bargain. But then again it works out for you, case is over so u can take more cases..

    Come on son!!

  6. July 7, 2010

    thats pure .. in the land man d/a was so cool and seen now them man messing up the ..place man! the judge need to hit them hard aint no joke. we soft in d/a.. when they get them man with guns and .. and drugs hit them man a 10 years jail so they can learn. and the killers a 50years or life man pur .. ah gwan fadda.

  7. bless
    July 6, 2010

    sounds like.. to me

  8. mypoeple
    July 6, 2010

    that judge joking

  9. a real man
    July 6, 2010

    my there friends when we do our crime we try funny things to see if we can get away but its not always so my friends and trust me he stil get away because if is the man from possie , he would no the time ,

  10. pray partner
    July 6, 2010

    MY BROTHER, GOD IS A GOD OF A SECOND CHANCE, WHO KNOW THAT MIGHT JUST BE A TURN AROUND FOR HIM IN LIFE,JUDGE NOT AND YOU SHALL NOT BE JUDGE, LETS PRAY FOR THEM.

  11. ManMan
    July 6, 2010

    @lmao: There’s enough work out there a man can do, or create some self employment. some of them just doh want to work. they checking the money too small, they not working for little bit of money. You do the crime, serve your time!!!

  12. lmao
    July 6, 2010

    Big Lang gun we run out pan them…bullet bullet..
    Hey I say send him to jail for 20 years. these young guys needs to get serious about their lives and that of others.

    The government also needs to create jobs and opportunity for it’s people.

  13. Jepter
    July 6, 2010

    i find that the charge was much too soft especially given the fact that he was found with a loaded rifle( well within his household).

  14. young man in dominica
    July 6, 2010

    reasonalble charge

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