The men charged for the brutal daylight murder of an Atlas security guard and the theft of millions of dollars in Ocho Rios, in 2008, have had their sentences reduced.
The sentences of the four were reduced by between three years and five years by the Appeal Court.
On the morning of June 2, 2008 armed robbers murdered 52-year-old security guard, Gilbert Davis of Port Maria, St Mary.
Davis was employed to Atlas Security Company, and was shot dead in a parking lot in Ocho Rios. The murder and the theft of tens of millions of dollars in the car in which Davis had been seated became a huge national story.
Dead Davis was killed in a company rented motor vehicle being used by Atlas to transport money from businesses to the bank. The shooting took place while the vehicle was at the Island Village Shopping Centre car park in Ocho Rios. Davis was awaiting two of his co-workers, who had gone to collect money from Magarittaville. The money collected was to go to the bank.
SOME OF CASH LOST
Upon returning to the car park, Davis’ co-workers noticed that the car, in which there was over $50 million, was missing and Davis was lying in a pool of blood on the ground.
The car, with the money, in which the armed criminals were attempting to escape, crashed into a utility pole a few miles away, in Steer Town. Some of the stolen cash was recovered from the wreckage but the men were said to have escaped into nearby bushes with some of the loot.
Five men were suspected to have been the culprits and were subsequently charged with the conspiracy to rob, conspiracy to murder, murder and robbery with aggravation.
They are: taxi operator, Michael Patterson; Atlas security guard, Jason Mills; Rowe Gentles and Paul Gayle. A fifth man Daniel Whorms was freed of his charges in 2009. It was also reported that the firearm used in the incident had been stolen.
The case that attracted massive public attention was tried in the St Ann Circuit Court on November 6, 2009. The presiding judge at that time was Justice Lloyd Hibbert. Four of the accused men, were on that day sentenced to over 15 years in prison for the lesser charge of manslaughter. Court observers said the Crown presented a rock solid case based on police investigations.
Gentles, Mills, and Gayle were each sentenced to 20 years imprisonment, while Patterson was sentenced to 25 years.
Principal evidence was presented against Patterson, who was proven to have been the main mastermind behind the crime.
All four men applied for leave to appeal against their convictions and sentences. The applications were considered in the Court of Appeal on October 22, 2010. Legal representation for the men were as follows: Linden Wellesley for Gentles; Glenroy Mellish for Mills; William Hines for Patterson; Delano Harrison QC for Gayle and Kathy-Ann Pyke for the Crown
Notwithstanding, all the applications were refused by the presiding Judge who said, “The learned trial judge dealt adequately with the issues which arose in this matter and gave the jury clear and proper directions to assist them in arriving at their verdicts for which there was ample evidence.”
“When the applications for leave to appeal against conviction and sentence came up for hearing on December 12, 2016, the attorneys of the four men could not find any ‘grounds’ on which to make advances in favour of the men,” the Appeal Court document said.
They were, however, able to make mention of the mostly favourable results of the social enquiry of the men; their ages; the impartiality of the judge’s sentence in relation to the charge at hand and also the fact that there were no previous convictions.
It is on such basis that the initial sentences were substituted to be 17 years imprisonment for Gentles, Mills and Gayle, which is a reduction of three years; and 20 years imprisonment for Patterson, who had his sentence reduced by five years. These sentences would have started from 18 November 2009.
Attorney for Gayle, Mr Harrison in commenting on the previous sentencing said “… it should never at any time be thought that a convicted person standing in a dock is no more than an abstraction… We take the view that for men of good character the very fact that prison gates are closed is the main punishment. It does not necessarily follow that they should remain closed for a long time.”
Ms Pyke for the crown elected to make no submissions on the issue of sentencing.
In making the decision to impose an appropriate sentence, the presiding judge considered the circumstances of each of the men and the nature of the offense.
In finality, the applications for leave to appeal against conviction were refused. However, the applications for leave to appeal against sentence were granted.
The appeal was heard by Justice Morrison, P.; Sinclair-Haynes, J.A., and Edwards J.A (A.G)
