Prison for road attacker whose elderly victim lost a kidney
A vicious road rage attack against a senior - which resulted in the victim losing his right kidney and gall bladder - earned a Hamilton Parish man four years in prison yesterday.
For the 71-year-old victim, who has since been forced onto Government financial assistance as he is unable to work, it seemed like small justice however.
"I really thought he's get more," victim Larry Anderson told The Royal Gazette.
Dakari Ajamu Hollis, 26, of Radnor Road was sentenced by Assistant Supreme Court Justice Archibald Warner on a guilty plea to assault causing grievous bodily harm.
Crown prosecutor Wayne Caines asked for the maximum punishment under the law for Hollis - five years in prison - calling the attack "intolerable".
Mr. Caines told the court that on November 13, 2000, the victim had been travelling on a cycle when he nearly collided with a car containing a number of young men while he attempted to change direction.
Mr. Anderson lost control of the bike and landed in the street before Hollis angrily exited the car and pushed him.
While the victim apologised and pointed out he had looked both ways before attempting to change lanes, Hollis became violent.
"I've got a mind to kick you," Hollis said to the victims, according to Mr. Caines. He then viciously kicked Mr. Anderson in the right side before leaving him lying in the road.
According to Mr. Anderson's victim's impact statement, one day later he noticed blood in his urine and took himself to the King Edward VII Memorial Hospital.
He fainted upon arrival at the emergency room and later had his kidney and gall bladder surgically removed. He also sustained damage to his liver and his artery, was hospitalised for over three weeks and had to have a blood transfusion.
Before the attack, he said he was in very good health, maintaining a healthy lifestyle and exercising two times a week - he can no longer exercise.
"The emotional and physical affects are that it depresses me and makes me feel hostile because I can't maintain a healthy lifestyle and do the things I used to do," Mr. Anderson said. In addition, the self-employed house painter - has lost the ability to work and must now rely on Government financial assistance. He is also in debt to the hospital surgeon.
"I have always been a peaceful and humble man," Mr. Anderson, a father of five, said in his statement.
"I've never bothered anyone or been in any trouble with Police for anything."
He continued: "I would really like to know what caused the young man to kick me the way he did.
"I felt like a dog being kicked that way."
In seeking the maximum sentence for Hollis, Mr. Caines said the attack offended the entire society.
"He kicked a 70-year-old man and left him lying in the road like a dog," Mr. Caines said. "In any civilised society such behaviour is intolerable.
"The court must hold this defendant high and make an example to him and out of him. The Crown asks for a term of five years."
Hollis' defence attorney Richard Horseman alternatively suggested the court consider a sentence of two to two-and-a-half years.
He pointed out Hollis had pleaded guilty to the offence, that the injuries were caused by a single kick, and read aloud an apology from the attacker.
Justice Warner said on sentencing however, the only mitigating factor in the attack was the early guilty plea.
He said he had to consider amendments to the Criminal Code passed last year in which he must also take into account Hollis' relative youth.
"This was a brutal senseless attack on an elderly man who had in fact been involved in an accident and was lying on the ground defenceless," Justice Warner said.
"Road rage and unwarranted violence must be discouraged and the elderly must be protected. I impose a sentence of imprisonment of four years from today's date. After the sentencing, Mr. Anderson told The Royal Gazette he was disappointed with the four-year sentence for the "senseless and vicious act".
"(Hollis) could have aided me rather than injuring me," he said. He could have picked me up and taken me to hospital. He could very easily have helped me but he decided to injure me instead. I wasn't hurt until he kicked me."
Mr. Anderson said he must be regularly monitored by doctors for his health now as the attack irreparably changed his life.
