Court Street shooter is jailed for 12 years
A young man who shot at Raymond (Yankee) Rawlins in broad daylight on Court Street is today beginning a 12-year jail sentence.
Anthony Levon Swan, 22, targeted gangland kingpin Mr. Rawlins as part of the deadly rivalry between the Parkside and 42 gangs. His shot did not hit his intended target last December; Mr. Rawlins was shot dead in a separate incident in August this year.
Sentencing Swan yesterday, Chief Justice Richard Ground heard chilling statistics from the Bermuda Police Service showing how gun violence has spiralled over the past year.
He told Swan: "I have taken into account the current environment in Bermuda. There has been a marked increase in gun-related crime and in murders involving firearms.
"Everyone knows this, but the prosecution has also put before me statistics to demonstrate this. It is hard to put into words the havoc, fear and sheer human misery that gun crime causes. The courts have a duty to deter this type of behaviour. The real-world consequences of gun use have to be brought home to young men like yourself."
Swan was convicted by the unanimous verdicts of a jury in September of a string of charges including gun possession and shooting with intent to do grievous bodily harm.
The trial heard he opened fire outside Mr. Rawlins' family store, C&R discount, at 10.31 a.m. on December 16, 2009 when the street was busy with shoppers. He appeared to be looking for Mr. Rawlins, going to the shop door and asking "where's he to?" before turning and firing into a parked delivery van where the victim was sitting.
Mr. Rawlins, 47, was not injured in the incident, but a bullet hole was found through the seat of the van.
The jury heard of Mr. Rawlins' associations with the Frontline, Parkside and Middletown gangs, who've been linked to drug dealing and acts of violence. Swan, meanwhile, was described by prosecutors as a man who associated with known members of 42 who are locked in a deadly feud with Parkside.
He was caught on a cell phone video uttering threats to Parkside four days before the incident, and making a gun gesture with his fingers. He was also captured on CCTV cameras being conveyed to the scene of the shooting on the back of a motorbike, opening fire and fleeing on the same vehicle.
Police spotted Swan coming out of St. Monica's Road the heartland of the 42 gang just 15 minutes after the shooting, and arrested him after a 90 kph chase. A large amount of gunshot residue was later found on the jacket he wore during the shooting, along with his DNA.
During his escape from the Police, Swan rode his motorbike across the Victor Scott School playing field in Pembroke. That field later became the scene of the fatal shooting on Good Friday this year of Kimwandae Walker. Mr. Walker, who associated with members of Parkside, was gunned down in front of his children as they flew kites.
Prosecutor Carrington Mahoney commented yesterday: "Prior to this [Court Street] incident there was no other incident of such a brazen attack, but we had a shooting incident on Good Friday, on the playing field. I don't know if this incident was the incident that encouraged that to come out in daylight in the presence of law abiding citizens."
Defence lawyer Mark Pettingill said it was not fair to blame Swan for any such trend in daylight shooting incidents. He also described Swan as a "kind and considerate" person according to his family, who are standing by him.
Swan, of Cut Road, St. George's, told the Chief Justice: "During the days following my conviction I have found the strength within myself to prepare myself for this day and I'm fully accepting of the sentence which is about to be given to me. I intend on using my time to unlock the potential, which I know the Almighty God has created me with to do great things. I apologise to my family for putting them through this ordeal, with this image of me that's been painted in the media. I want you to know I'm a good person."
Sending Swan to prison, Mr. Justice Ground said: "There is very little to be said by way of mitigation. You have shown no remorse. You do, however, have a clean criminal record — as distinct from traffic offences — and I have taken that into account."
The mandatory minimum sentence for such firearms offences was ten years at the time, with a 15-year maximum. The law has since been changed to increase the range to 12 to 17 years.
The judge said the only reason he did note mete out the maximum sentence was Swan's youth and previous good record.
