Log In

Reset Password

Five-year sentence for brutal mob attack

Three men convicted in the brutal mob beating of Temasgan Furbert were yesterday sentenced to five years' imprisonment.

Kyle Williams Tannock, 28, Bennett Phipps, 26, and Kiwaun Gilbert, 23, were found guilty in May of wounding with intent to cause grievous bodily harm.

Mr. Furbert was attacked outside his home by a group of 20 to 25 men who assaulted him using bats, machetes and an electric drill on February 27 last year.

The beating left him unconscious with four missing teeth, multiple machete cuts and his top lip hanging off his mouth.

Yesterday Crown counsel Larissa Burgess asked that Williams Tannock, Phipps and Gilbert be given a sentence of between five and eight years.

"The defendants have shown a complete disregard to our cultural values. Such behaviour is becoming far too common," she said.

The men's attorneys said that Mr. Furbert had thrown rocks at the group before the attack.

Elizabeth Christopher, representing Williams Tannock, said: "This is not a case where it can be said there was a total absence of provocation. I'm not saying it was the most severe instigation, but he ignited a situation that was flammable.

"He was lying in wait, picking up stones, they ride by and he starts throwing missiles. He brought their attention to him."

In this case the act didn't count as a mitigating factor, Puisne Judge Carlisle Greaves said.

"Why shouldn't he throw stones?" he asked. "You're telling me your client had the right to do what he wanted to do but Mr. Furbert didn't have the right to defend himself?

"They're lucky he didn't have a bazooka."

Llewellyn Peniston told the court that Phipps deserved the chance to turn his life around.

"He is 26, and still has a future before him. I ask you not to lose sight of the potential of rehabilitation for him," he said.

Allan Doughty, representing Gilbert, stressed that there was no evidence his client wielded any weapon in the assault much less a deadly weapon.

"This was a case of joint enterprise. This court heard multiple individuals were involved, but only three now stand in the dock.

"I don't think there's evidence to point to anyone as causing the most egregious of the injuries."

Before sentencing, both Williams Tannock and Phipps apologised for their actions, with Tannock saying: "I'm not someone you would say was just a wall sitter.

"Don't disregard my life because of what's happening now."

Mr. Justice Greaves sentenced all three men to five years' imprisonment with time already served taken into account.

"It was obvious the attack was planned. As a result, the mob was able to raise large numbers of people," he said.

"He was chased from the sanctity of his house and hotly pursued. The group appeared to split up to search dragnet style.

"They cornered him, set upon him, and savagely beat him. At one point, he passed out, but the attack continued.

"A mob always feels justified, and a mob is always wrong."