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Samurai sword case may go to Supreme Court for sentencing

A Warwick man who admitted assaulting a dog warden while in possession of a samurai sword may be sentenced in Supreme Court for the attack.

In Magistrates? Court yesterday Crown counsel Wayne Caines said that, because of the nature of the attack and his previous record, Everett Jahni Bean deserved a stiffer prison sentence than the maximum 12 month term that could be imposed in the lower court.

Bean, 21, of Jones Lane, Warwick admitted possession of a samurai sword and assaulting and obstructing the duties of dog warden Fabian Minors. A fourth charge of obstructing a second dog warden, Jeffery Benevides, was dropped.

Reading out a summary of the case yesterday, Mr. Caines explained how the two dog wardens entered Bean?s home on December 9 to collect a pitbull puppy ? a breed that is on the ban list.

Although Bean was not at home, his mother and grandmother welcomed the two officials onto the property and the canine seizure went off without incident.

But Mr. Caines went on to explain how Bean later met the two wardens at Warwick Post Office and told them to ?give me my f**cking dog back?.

?I will cut you up if you don?t give me my dog. I paid $1,500 for that puppy,? Bean is alleged to have said.

According to the Crown, Mr. Minors then felt something sharp on his neck.

But defence lawyer Ed Bailey disputed the summary. ?My client feels a strong sense of injustice,? he said.

He questioned whether the dog wardens obtained search warrants when they entered Bean?s house to get the puppy.

Mr. Bailey told the Court his client acted irrationally by taking the ?antique? sword with him to try to get his dog back.

?He felt that he was a victim of the authorities when they took his property,? he said.

?He had no intentions of injuring the dog warden or anyone else with the sword.?

He told the Court his client surrendered the sword and did not struggle with Police.

?Not true,? Mr. Caines replied.

Then, in a case that has seen tensions between the opposing lawyers rise to the boil, prosecution and defence teams got into a heated debate over sentencing.

Arguing why Bean ? who has been in custody since the event ? should be sent to Supreme Court with the possibility of receiving a longer sentence, Mr. Caines listed a stream of previous convictions.

?He has received alternatives to incarceration by receiving a fine, suspended sentence, and a two week sentence. He has already received the benefit to alternative incarceration and the court should look at the best interest of the community,? he said.

He reminded the Court that Bean committed the offence on Mr. Minor?s while having a suspended sentence hanging over his head.

He said: ?If there is ever a need for Section 25 it is Jahni Bean.?

?He was convicted of assaulting a Prison Officer and received a two week sentence. He was also convicted of assaulting a Police officer and using offensive language towards her for which he received three months in prison suspended for 12 months,? he said.

Mr. Caines also quoted from Mr. Minors impact statement, which read in part: ?I was really shaken up badly by this incident. I am fearful of going about my duties.

?I have had nightmares about this incident and won?t go to certain places that I used to without an asp.?

But Mr. Bailey disagreed, pressing home his point that his client felt like the ?victim? in the matter.

?This young man has a notoriety because he was acquitted of murder,? he said.

?He feels like he is a victim in his own community. His home was attacked by armed men, who shot someone but the bullet was intended for him (Bean).

?He is more of a victim than a culprit. Every time he is in court there is a full coverage in our daily newspaper.

?Section 25 would be an abuse to evoke, to send him to Supreme Court to be sentenced.?

Magistrate Tyrone Chin adjourned the case for possible sentencing until today in Magistrates? Court, pointing out that he needed time to asses psychological reports on the defendant.