?Sheer arrogance for law and order?
Ten-year jail terms have been handed down to three men convicted of trying to murder a man when violence erupted at Wellington Oval.
Ki-Roy Kinta Butterfield, Jahcai Morris and Tahir Nesta Bascome were spared an even longer spell behind bars because their victim?s injuries were not life-threatening, Puisne Judge Carlisle Greaves ruled.
He warned the defendants ? who the court heard all intended to kill Tarik Foster as trouble boiled over on a day that heaped shame on Bermuda ? that a sentence of up to 15 years ?may not be unreasonable?.
But he said they were lucky two ?heroes? stepped in and saved the victim?s life.
The maximum sentence for attempted murder is 20 years and the defendants appeared pleased after their fates were confirmed yesterday. They waved to friends and relatives who packed the public gallery, and were loudly cheered as they left court and their prison van drove away.
Butterfield, Morris and Bascome were convicted in October after a one-month trial, for their high-profile role in one of the worst displays of public violence at a sporting event on the Island in living memory.
When up to 40 youths clashed at Wellington Oval it catapulted the gang violence problem to the top of the national agenda.
And Crown counsel Cindy Clarke yesterday said the damage that one afternoon of Friendship Trophy finals caused to the community was ?immeasurable?.
She added: ?It has affected our society to such an extent that this single incident was the catalyst for a major change in the Criminal Code. It was the impetus for the bladed weapons legislation and the new increased penalty zone for assaults and possession of weapons.?
She added: ?These defendants repeatedly and mercilessly attacked Tariq Foster in the presence of a crowd of spectators, including innocent women and children.?
Miss Clarke said the defendants showed a ?total disregard? for community values. ?Violence is on the increase, and it must be considered that this was a gang-related attack, for which neither of these defendants have shown remorse, nor have they accepted their role in the attack.?
The trial heard the men from the Ord Road area ambushed defenceless Mr. Foster like a ?pack of attacking dogs? ? Butterfield knifing him in the neck, Morris slashing with a blade and Bascome chopping at him with a machete. Sentencing the trio yesterday, Mr. Justice Greaves said violence at Wellington Oval, together with several similar scenes at recent sporting events, had caused ?a degree of public outrage?.
He added: ?This was an event that exhibited sheer arrogance for law and order in this country and for the views and feelings of the public at large.? Mr. Justice Greaves said their intentions at the St. George?s stadium last April were clear. The culprits were well aware of the high-profile nature of the event, he added, but that still did not stop them arming themselves and invading the pitch.
He said Butterfield plunged a knife into Mr. Foster?s throat before Bascome made repeated attempts to cut the vicim with a machete, perhaps only avoiding inflicting more serious injuries because he did not want to injure friends crowded around him. Morris pursued Mr. Foster even when he retreated, the court heard, and Mr. Justice Greaves added that photographs taken at the scene showed a ?determination on his face? that highlighted intention to murder.
?The sentences in a case such as this should act as both a deterrent and punishment,? Mr. Justice Greaves told the court. ?It should reflect that such behaviour, if repeated, will not be tolerated.?
The defendants shook their heads and laughed as Mr. Justice Greaves said the ?real heroes? in the case were Everest Trott and Kuma Smith, from St. George?s. The friends of Mr. Foster were both prosecution witnesses, although the trial heard Butterfield?s counsel argue that Mr. Trott had swung a piece of wood in a scuffle that left Butterfield?s brother unconscious and helped trigger the scenes of chaos. Mr. Justice Greaves, however, said the pair put themselves in ?grave danger? to save the victim, who needed hospital treatment for five stab wounds and said people were often slow to recognise such actions.
Earlier Crown counsel Cindy Clarke argued the Wellington Oval case was ?exceptional and distinctive?. As a result she said she could not make a recommendation on what the length of sentence should be, but pointed to the case of another Wellington Oval defendant, John Glasgow, jailed for seven years for wounding with intent.
The court heard of five attempted murder cases in Bermuda, including that of Andre Terrence Minors, in 1993, who was jailed for 11 years on appeal after stabbing his victim 20 times, and that of David Anthony Dill who got 15 years for inflicting multiple stab wounds after a house break.
Defence lawyers yesterday called for sentences of between six and ten years. They said anything in the region of 20 years was not appropriate given the injuries sustained by Mr. Foster.
Elizabeth Christopher, for Butterfield, described him as a hard-working ?family man?, who his mother said had settled down and cared for his child. Ms Christopher said the Wellington Oval violence started with an attack on Butterfield?s brother, who she said received the worst injuries that day. She added: ?One can understand why in the heat of the moment, when his brother is lying prone, tempers would run high.?
Ms Christopher said Mr. Foster?s injuries were the ?least serious? she had come across when researching attempted murder cases. Other cases in Bermuda and the UK had been much worse, the court heard. Those comments were echoed by Charles Richardson, for father-of-two Morris. He pointed to the absence of a father in Morris? life and his lack of high school diploma, although Mr. Richardson said his client?s life could be salvaged as long as the sentence did not ?extinguish? his life.
And he said Morris was remorseful from the start of the trial, stating that he did not wound or attempt to kill Mr. Foster, but admitting that he did try and harm him.
Calling for Morris to be ?punished not vilified?, he added: ?This case is not one of the worst cases of attempted murder ... it does not even come close. We should not be even be considering a sentence in the upper maximum region.?
Ed Bailey, for Bascome, said his client maintained his innocence. During the trial the father-of-two maintained he was never at Wellington Oval and had been victim of a mistaken identity. Mr. Bailey said Bascome had no history of violence.
The defendants were given ten years for attempted murder, two years for possession of an offensive weapon and one year for going armed in public. Butterfield was also sentenced to four years for attempted wounding with intent to do GBH against Mr. Trott. All the sentences will run concurrently ? meaning they have all been handed sentences of ten years. All three are expected to appeal against convictions and sentences, understands. Before the jail terms were confirmed, the court heard the defendant?s previous convictions. Butterfield had convictions for possessing a controlled drug, having an offensive weapon and unlawful wounding. Morris?s record included assault, cannabis and cocaine possession, receiving stolen parts and assault. Bascome had one count against his name for giving a false name to Police after an accident. Security was tight for yesterday morning?s hearing, with a larger Police presence than usual around Supreme Court One. Supporters of the accused gathered outside court after the two-and-a-half hour hearing ? some prevented from taking pictures as the defendants were led into the prison van. The sentences mark the end of a chain of events that saw nine men arrested in connection with the mayhem at Wellington Oval Six have now been jailed for their role in the riot. Butterfield 27, of Cherry Hill Park, Paget; Morris, 24, of Sylvan Dell, Paget, and Bascome, 22, of Dunscombe Road, Warwick, all denied attempting to murder Mr. Foster at Wellington Oval on April 4, 2004, but a jury convicted them after deliberating for just over three hours.
