The affluent Fairylands neighbourhood descended into bloodshed when a gang of young men — one brandishing a Samurai sword — attacked another group in a feud over a woman, Supreme Court heard yesterday.

Although the man who wielded the sword faced at least three years behind bars according to Puisne Judge Charles-Etta Simmons, she opted not to jail him due to his youth and previous good character.

“It’s rare indeed that someone can come before this court on such serious offences and walk away without a custodial sentence, but I’ve erred before on the side of believing in the cause of a young person and I’m prepared to take my licks and do it again because I believe we are not likely to see you before the courts again,” she told 21-year-old Chase Burgess.

According to Senior Crown counsel Carrington Mahoney, Mr. Burgess and his 23-year-old brother Marcus headed to the Point Shares / Fairylands area of Pembroke last June along with Kyle Tavares, 20, who hails from that neighbourhood.

Mr. Mahoney explained Marcus Burgess drove the others there in his mother’s car as the result of a conversation with 19-year-old victim Gregory DeMelo. Mr. DeMelo was present at the scene along with the other complainants in the case — his brother Andrew DeMelo, 21, plus Cory Paiva, Justin Lindo and Jordan Hill-Kane who are all in their late teens and early 20s.

Describing the bloody scenes that ensued, Mr. Mahoney said Chase Burgess exited the vehicle brandishing a Samurai sword and its case while Tavares and Marcus Burgess wielded pieces of wood, and Marcus Burgess also had empty beer bottles.

A black male, who was armed with a metal bat and whose identity is unknown to the Police, snatched a gold chain from Gregory DeMelo. Next, Chase Burgess took out the sword, pointed it at the other group, and asked “who wants to get chopped?” before hitting Gregory DeMelo on the forearm with the blade of the sword and using the case to strike him on the head. He also attempted unsuccessfully to hit him several more times with the blade.

Chase Burgess also also swung the sword at Mr. Paiva’s face — with the victim suffering lacerated fingers when he tried to protect himself — and held the sword to Andrew DeMelo’s face, according to the prosecutor. Mr. DeMelo suffered lacerated fingers trying to defend himself.

Meanwhile, Tavares hit Mr. Hill-Kane twice on the arm and Marcus Burgess threw a beer bottle at Mr. Paiva, grazed Mr. Lindo’s ear and struck Mr. Hill-Kane on the leg. Mr. Paiva needed stitches for his hand injuries, Gregory DeMelo needed staples in his arm and head, Andrew DeMelo required stitches to his fingers, and Mr. Hill-Kane suffered bruising.

At Supreme Court on May 1, Chase Burgess of Crisson Avenue, Pembroke, admitted going armed in public, wounding with intent to cause grievous bodily harm and unlawful wounding. Marcus Burgess, of Radnor Estates Road, Hamilton Parish, admitted possessing a glass bottle as an offensive weapon. Tavares of Fairylands Lane, pleaded guilty to the same charge relating to a baton, and assault occasioning bodily harm. Neither of the Burgess brothers has previous convictions, but Tavares was given a suspended prison sentence for unlawful wounding this year and fined for stealing $20 last year.

Statements from the victims were read to the court, with Mr. Lindo saying: “Watching someone run around while swinging and pointing a Samurai sword in my face and threatening to chop you up will do a lot of damage to your emotions.”

Mr. Mahoney urged the judge to jail all three defendants, but defence lawyer Mark Pettingill, representing the Burgess brothers, argued this was unnecessary. “From hearing the summary you would think of the other boys that butter would not melt in their mouths. Candidly, that would not appear to be the case. This came about as a result of ongoing issues between them,” he said, claiming “a challenge” was extended from one group to the other as “the culmination of an ongoing feud” over a woman.

The brothers each apologised to the court. Fining Marcus Burgess $500, Mrs. Justice Simmons told him this was despite a recent doubling of the maximum prison term for possession of an offensive weapon to four years, because she did not see him as a threat to society.

“You are 23 years old, you really haven’t been in trouble before. It’s really a case of silliness that went awry,” she commented.

She handed Chase Burgess 12 months for wounding with intent, six months for unlawful wounding and three months for going armed in public, all suspended. The sentence means he will not go to jail unless he misbehaves in the next two years. She further ordered him to pay a total of $4,385 to the victims in compensation and complete 100 hours of community service.

“I don’t want you to take this sentence as meaning you’ve got away with anything, for such serious offences people usually go to jail for a minimum of three years ... but you are a very young man and the circumstances make it clear it’s a pack of nonsense going on between you and the other two men, all over a woman or a girl, and it obviously got out of hand and alcohol was involved,” she said.

Tavares — who arrived at court on crutches after breaking both ankles in January — told the judge he cannot afford a lawyer. She said she would ask the legal aid board to reconsider his case since he is facing jail. He will be sentenced on July 30.