Jury clears man charged with drugs and firearms plot
A man accused of a plot to smuggle guns and ammunition into the island in a crate with a false bottom was cleared after a jury delivered a unanimous verdict.
After about two hours of deliberation, they found Jonah Smith not guilty of charges that he conspired with others to import two firearms, 24 rounds of ammunition and slightly more than 16 pounds of cannabis.
The conspiracy allegedly took place between an unknown date and September 24, 2024, when the crate arrived on the island from Jacksonville, Florida.
Over the course of the trial, the jury heard that police were alerted by customs officials after a scan of the crate, said to contain a television, a dryer and weights, revealed a series of unknown objects.
Police searched the crate and discovered a false bottom that contained 33 oblong packages of plant material, later confirmed to be compressed cannabis, an FN Five-Seven pistol and a Ruger EC9s pistol, along with a total of 24 rounds of ammunition.
The drugs and weapons were replaced with dummy packages and, after the crate was collected on September 30, police followed it to Mr Smith’s home.
Body-camera footage showed Mr Smith standing at the back of the truck next to the crate with another man, Taijuan Davis, who subsequently fled the area.
Davis was later arrested and, together with Malachai Paynter, pleaded guilty to charges related to the illegal importation.
Taijuan Davis and Malachi Paynter were jailed last week after they admitted their involvement in a plot to import guns and cannabis in April.
Prosecutors had alleged that Davis was the mastermind and financier of a plot to import cannabis, firearms and ammunition into the island last year.
Paynter, meanwhile, travelled to Jacksonville, Florida, to purchase the contraband and organise the shipment to Bermuda.
While it could not be reported at the time for legal reasons, Puisne Judge Alan Richards sentenced Davis to the mandatory minimum 12 years for importing the guns and ammunition on Friday.
The judge further sentenced Davis, who had a previous conviction, to an additional five years for cannabis importation, with the sentences to run consecutively for an overall sentence of 17 years.
Paynter was also given a 12-year sentence for weapons importation and an additional two years for drug smuggling for a total sentence of 14 years behind bars.
Before delivering his sentences, Mr Justice Richards asked both men if they wanted to address the court.
Paynter declined, but Davis took the opportunity, apologising to the court and adding: “I let down my woman, my daughter — everyone.”
Mr Justice Richards said he would deliver his reasons for the sentences at a later date.
Mr Smith, however, denied any involvement in the plot or any knowledge of the contents of the crate.
In a police interview, Mr Smith said that he had been asked to lend an electric drill that he had for work and was shocked when police arrived.
During the trial, police witnesses testified that when they arrived at the defendant’s house, they saw Mr Smith with an electric drill in his hand.
The jury was also shown electronic communications between Mr Smith and Davis, including a September 2023 conversation in which Davis said that he and someone else planned to bring in a “lighter” and was looking for people to put in to purchase a second.
Asked how much, Davis said he could get a “compact” and “teeth” for $3,200.
A police expert told the court that a “lighter” was a reference to a firearm, “compact” referred to the size of firearm and “teeth” was a term used for bullets.
Karim Nelson, for the Crown, said the jury should be able to feel confident in Mr Smith’s guilt, noting the conversation and the fact that the contraband was delivered to his house.
Mr Nelson also noted that the conversation ended with Mr Smith suggesting that people talk in person.
“Why is this important? Because after he says that there was never another conversation seen about any guns or ammunition,” Mr Nelson said.
“This is somebody who is quite careful and some discussions he prefers to have in person. You want to talk in person because you don’t want certain things on the record.”
Mr Nelson also highlighted recovered photographs that showed Mr Smith and Davis processing what appeared to be cannabis for distribution as evidence that the pair were jointly involved in criminal activity.
Marc Daniels, representing Mr Smith, argued that his client at no point expressed any interest or willingness to import the firearms and suggested that he said people should talk in person to end the conversation.
“It is not clear, but you have to be sure what they mean,” he said. “They cannot make you feel sure because they are vague in and of themselves.”
Mr Daniels added that there was no evidence that Mr Smith knew anything at all about the crate or its contents before it arrived on the island.
While he accepted that Mr Smith did “juggle” cannabis, he said the defendant’s reaction when told by police about the firearms and ammunition discovered in the crate was genuine shock and disdain.
“This man is not involved to the level of Davis, to the level of Paynter, and he is not involved in this conspiracy,” Mr Daniels said.
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