A passionate plea by Attorney-at-Law Joshua Francis was not enough to sway the court in imposing a non-custodial sentence on Christel Germain, male 37, of Montine Grand Bay, and Dejonne St.Rose a 22-year-old of River Street, Roseau, who pleaded guilty to possession of firearm and ammunition.
On August 18, 2023, the men appeared before Chief Magistrate Candia Carrette-George and opted for a summary trial at the Roseau Magistrate Court on four firearm-related charges. Jointly charged on all four complaints, Germain pleaded guilty to possession of a Beretta 380 pistol and 6 rounds of .380 mm ammunition on August 15, 2023, at Fond Baron, Loubiere, whilst St. Rose pleaded guilty to having in his possession a nine-round 40mm capacity magazine and nine rounds of 40mm ammunition at Bath Road, Roseau.
The men were then remanded into custody and reappeared in court on August 22, 2023, for facts and sentencing.
According to the facts presented to the court by Police Prosecutor, Sergeant David Andrew Jr.: On Tuesday, August 15, 2023, at about 1:50 a.m., whilst on patrol duty at Fond Baron, Loubiere, Constable Prosper L., along with other police officers, intercepted motorcycle registration number TP980, with St.Rose as the rider and Germain as the pillion.
While approaching the motorcycle, Constable Prosper saw Germain throw what appeared to be a firearm, in the nearby bushes, on the western side of the road. The defendant was removed from the bike and searched.
The officer questioned Germain as to what he threw away to which he replied, “Officer my weapon that there, a knife that there.”
The Grand Bay man was then arrested on suspicion of possession of firearm and ammunition and cautioned but he made no reply. Germain was transported to the Criminal Investigation Department and subsequently, the Grand Bay Police Station, where he was placed in police cells. The motorcycle was brought to police headquarters for safekeeping. About 8:00 a.m, later that same morning, he was removed from police cells and escorted back to the scene at Fond Baron, Loubiere, where he had discarded the apparent firearm. There, along with other police officers, Constables Scotland and Prosper conducted a thorough search of the area in the defendant’s presence.
During the search, one silver and black Beretta 380 Pistol with the serial number scratched off, was found in the nearby bushes on the western side of the road. Germain was cautioned and asked what if anything he could say about the firearm to which he responded, “I don’t know nothing about that.”
The scene was photographed by Inspector Fixton Henderson, of the Scenes of Crime Unit, and the firearm discovered was packaged and kept in police custody. The defendant was returned to police cells, an interview was later conducted with Germain and the investigating officer in the presence of his attorney.
In continuation of his investigations about 10:05 a.m., on August 16, 2023, Constable Scotland along with other police officers of the CID conducted a search of the seized motorcycle in the presence of Germain and St.Rose. During the search one magazine containing 9 rounds of .40mm ammunition was found under the pillion seat. Constable Scotland cautioned the men and asked what if anything they had to say about it.
Christel responded “I don’t know nothing about that”, and Dejonne responded, “Call Joshua Francis for me.”
On August 17, 2023, Constable Scotland conducted separate written custodial interviews with each defendant. During the custodial interviews, the defendants refused to say anything.
Later that same day about 2:30 p.m., Constable Scotland informed the defendants that he preferred joint charges of possession of firearm and ammunition against them. They were formally cautioned and made no reply.
At the sentencing hearing, during his plea in mitigation on his clients’ behalf, Attorney-at-Law, Francis asked the court to temper justice with mercy on the first-time offenders. Francis told the court, Germain, a father of two minor children ages 14 and 10 is the sole provider for his family. According to him, Germain provides not only financial security for his
children who live with him and his mother but emotional and psychological care for the children.
He said the 37-year-old construction worker was not known to be a troublemaker in his community and lived a peaceful life with a positive disposition. The attorney stated, that Germain who is a former member of a cultural group pleaded guilty at the first opportunity, cooperated fully with the police, and is contrite.
“Your Honor I am pleading with this court for a second chance if not for Germain but for his two minor children who are depending on their daddy,” Francis pleaded. “Children need their parents and where one is already absent, to have another one taken away will have serious injuries on the children’s emotional and psychological well-being. School is about to reopen. They are in need of his financial support.”
With regard to St. Rose, Francis stated the 22-year-old’s life was not without challenges. “He lost his mother at a very young age and his father is ill having suffered two strokes.”
The attorney posited that St. Rose who is employed as an autobody worker is a positive contributor to his family and up to this point was “unblemished” since he has never had any run-ins with the law.
As a basketball player, Francis averred that St. Rose has had a positive impact on his community. He added that whilst St. Rose accepted responsibility and did not waste the court’s time, he is not the owner of the bike and was unaware of the contents that were hidden in it.
“He simply borrowed the bike for the Breakfast Fete and undenounced to him, he was riding a bike of darkness.”
Given his age, his expression of remorse, and the circumstances of the case, Francis urged the court to be merciful to the youth. Whilst the attorney acknowledged that firearm-related offenses are of grave concern to the court and Dominicans by extension, he implored the Magistrate to focus more on rehabilitation and in view of the circumstances impose a non-custodial sentence since, according to him, incarceration will not benefit the men as such resources for rehabilitation are not available at the state prison.
“They found themselves with wrong company and the firearm and ammunition in question was not used in any offense,” Francis said.
“The court can send a strong message without sending them to jail,” he further encouraged, whilst asking the court to impose a fine with reasonable time to pay.
In handing down her sentence, the Chief Magistrate Candia Carrette-George said, the court must take into consideration the increase in gun-related crimes in Dominica and is mandated to send a strong message to potential offenders.
The maximum penalty for the offense is a fine of $100,000.00 or a term of imprisonment not exceeding 15 years. Magistrate Carrette-George however stated she was not inclined to impose a non-custodial sentence. She therefore established a starting point of 40% of the maximum custodial sentence of 15 years. For their guilty plea, the men were awarded a 1/3 discount. Additional time was removed for their good character, genuine remorse, and cooperation with the police.
The sentence of the court therefore stood at two years and six months. An additional six months was removed from St. Rose’s sentence because of his youth.
After the sentence was handed down by the court, both men wept and begged the court for a second chance at freedom.
St.Rose who was on bended knees pleading with the Magistrate was eventually physically removed from the court by police officers.
Two years! It appears the Judge does not understand the danger these two men pose to society. Those found in possession of illegal firearms, should not receive discounted sentences, unless they provide information that leads to the arrest and conviction of the suppliers the firearm.
Guns are used for killing people, yet Francis was not asked to explain what a construction worker and a auto-body worker were doing with gun and ammunition. The convicts are young, will be out in two and a half years or less, free to unleash terror on Dominicans!
Two years? What a joke.
The entire court system is a joke…Two years for possession of unlicensed firearm used to kill? Anyone could just be an innocent passer by and get caught up in those guys killings. Seem like it will get worse before it gets better…
Can’t see myself pleadings for anyone with guns to kill..If you have children ages 14years and 10 years, stop being a bad example to them. For that alone you needed extra years of imprisonment. But as i keep saying, our justice system is a huge mockery and a joke!
As predictably as Monday follows Sunday. Joshua Francis with his BS plea for mercy because his client was a first time offender. Is that the only thing he was taught in law school? Same crap every time his lover clients are found guilty of committing crimes.