The Eastern Caribbean Supreme Court (ECSC) has upheld a local High Court ruling given to Virgin Gorda resident, Jevone Demming who was convicted for his reported involvement in the attempted murder of Neil St Rose back in 2015.
Demming appealed the seven-year sentence which was handed down by Justice Nicole Byer. He was jointly charged with Sherman Williams who received 15 years for attempted murder and 10 years for possession of a firearm with intent to endanger life.
Demming’s reason behind the appeal was that the judge “misdirected the jury on the law of ‘joint enterprise’; thus rendering his conviction unsafe and unsatisfactory”.
But on January 14 this year, the ECSC’s website indicated that Chief Justice Dame Janice Pereira upheld the conviction “on the basis that no miscarriage of justice resulted from the judge’s misdirection to the jury”.
“I would [therfore] dismiss the appeal and affirm the conviction,” the Chief Justice said.
According to the ECSC, the incident occurred at the Rock Café and Restaurant during a social gathering on September 30, 2012.
While inside the establishment, the victim of the attempted murder, Neil St Rose, felt someone push him. And when he turned around, he saw Demming standing directly behind him. St Rose inquired what was wrong.
When the event came to an end, a physical altercation ensued when St Rose pushed the other man now convicted for the attempted murder, Williams, who was ahead of him in a queue to exit the restaurant.
Shortly thereafter, St Rose headed towards his parked vehicle and at that point, Williams withdrew and discharged a firearm he had in his possession, which caused St Rose to turn around. When he did, he saw Williams with the gun in his hands along with Demming approaching him.
St Rose told the court that Williams gun-butted him and caused him to fall to his knees while Demming fisted him in the nose. He said the duo then kicked and punched him while he was on his knees.
St Rose testified that it was Williams however, who took the firearm and placed it against his neck and fired it. The men then fled the scene, St Rose said. It was not specified whether the gun misfired at that close range.
Attorney Patrick Thompson represented Demming.
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