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Teen who fled Police at barbershop avoids getting a conviction in court

Photo by Glenn TuckerTroy Harris escaped a conviction for two assaults on Police and drug possession.

A teenager who assaulted Police twice in three months, escaped custody and was caught with cannabis has escaped a conviction for the crimes.

Senior Magistrate Archibald Warner told 19-year-old Troy Harris he felt he deserved another chance after defence lawyer Victoria Pearman "begged" for leniency.

Prosecutor Auralee Cassidy told the court that Harris, of Crisson Avenue, Pembroke, was stopped on Camp Hill Road, in Southampton, on October 14 last year in relation to another matter.

When told he was being arrested, he pushed a Police officer and swung his arms at him. He was subdued with incapacitant spray and taken into custody at Somerset Police Station.

When Harris was searched, the Police found two twists of cannabis, totalling 1.99 grams in weight.

He admitted cannabis possession and violently resisting arrest.

Less than three months later, he attacked the Police again during a chase in Flatts. Ms Cassidy told the court on an earlier occasion that Harris was in the International Lines and Designs barbershop in Flatts on January 8 when officers arrived around 3.10 p.m to arrest him on a warrant for unpaid fines.

He began to struggle violently when they tried to handcuff him, and pushed a female officer on to North Shore Road as he escaped. She suffered a sprained thumb and required hospital treatment.

According to Ms Cassidy, Harris threatened the Police with the words "ORC, we're gonna get you, you'll see" as he ran away. The prosecutor explained: "They interpreted this as a reference to the Ord Road Crew, a well-known local gang."

The Royal Gazette reported at the time how more than 30 Police officers were sent from around the Island to comb the Flatts area for Harris, who was found within 20 minutes. He pleaded guilty to escaping lawful custody, and was found guilty by Mr. Warner after a trial of violently resisting arrest and assaulting a Police officer. He was cleared of using threatening words.

Harris has a previous conviction from October 16 last year for unlawful assault and causing actual bodily harm, for which he was handed a probation order. He was on bail for the Camp Hill Road incident at the time of the Flatts incident.

Defence lawyer Victoria Pearman told the court that Harris has not had any "interventions" as a result of his previous probation order.

"It may be that he had some blame for that, but it's not straightforward," she said, explaining she had taken it up with probation service managers.

Sentencing Harris to a conditional discharge and 24-month probation order to run concurrently on each count, Senior Magistrate Mr. Warner said his behaviour was "ridiculous and unacceptable, especially in light of the opportunities you've had before".

However, he said he'd listened to Ms Pearman "beg" for leniency at an earlier court appearance so Harris would not have a conviction that would put him on the US Immigration stop list.

"She has persuaded me that I should deal with you by way of a conditional discharge. That is a mechanism whereby a conviction is not recorded against you because in all the circumstances you deserve another chance, another opportunity, bearing in mind what a criminal conviction can do to a young person."

However, he warned Harris he must comply with the terms of his probation order and told him: "I don't want you to think you are this big bad man and you have fooled me and pulled the wool over my eyes. I come here and listen to people's stories every day and I'm pretty good at assessing people.

"I won't tell you how I assess you because it's not necessary. But you are not fooling anybody. I think you should be given another chance but you should not see this as a soft option or a slap on the wrist.

"Because let me tell you, if you breach this probation and come back before the court, then you won't have anybody else to blame."