Football ?fan? who threatened a ref while breaking probation is returned to jail
A man who threatened a football linesman during a match was sentenced to eight months in prison for breaching his probation and for offences against public morality yesterday.
Nikia Burchall, 29, of King Street, Pembroke, was sentenced on August 27, 2004 to a two-year suspended sentence with probation conditions for unlawful wounding.
Burchall was under a curfew which forbade him from being out between 9 p.m. and 6.30 a.m. and from attending football matches during the six months of his probation.
However, in December 2004, while his football match ban was still in place, Burchall was seen crossing the pitch during a game.
?Twenty minutes after extra time, the match needed to be stopped when Burchall stayed on the pitch and interfered with the assistant referee Antoine Augustus ,? Crown counsel Shakira Dill said in Supreme Court yesterday. ?He held up one fist to his throat and one fist to his face.?
After the altercation was broken up and play had resumed, Burchall took the ball and refused to hand it over, she said.
At 10.39 p.m. the same night, Police saw Burchall leaving the Somerset football grounds.
Police followed him and informed him he was in breach of his curfew.
?I am tired of you guys,? Burchall reportedly told Police. ?I am going to do the rest of my time so you can get off me.?
Burchall pleaded guilty to being in non-compliance of his probation order on April 1, 2005. And on the same date he pleaded guilty to offences against public morality, namely using threatening gestures and behaviour.
Ms Dill said the nature and seriousness of the crime justified an immediate custodial sentence.
?There is the need for the community to be protected from this defendant,? she said. ?This behaviour will not be tolerated.?
She said crimes at football grounds were becoming all too prevalent in Bermudian society and asked for the maximum sentence of two years imprisonment.
Lawyer Victoria Pearman said her client did not raise his fist and the crime did not call for the maximum sentence.
But Puisne Judge Charles-Etta Simmons said it could be construed as an assault to block someone?s path to prevent them from moving.
Mrs. Justice Simmons said it would be appropriate to give Burchall more time in prison, but sentenced him to six months for breaching his probation and two months for using threatening behaviour.
She said time already served in custody would be taken into consideration. Burchall has been in remand for this offence since December 6, 2004.
When the judge asked Burchall why he was at the game, he said it was because he liked football and wanted to play again.
?You are 29,? Mrs. Justice Simmons said. ?All that will be left for you soon is some dead-beat commercial league by the time you get out?.
