BVI News

VG man gets split five-year sentences for 2 guns

David Straker

Virgin Gorda resident David Straker was handed a split five-year prison sentence for two gun-related convictions — one of which included a prohibited firearm.

Straker appeared before Magistrate Ayanna Baptiste-DaBreo on Monday for sentencing after being found guilty of keeping a firearm without a license and possession of a prohibited weapon.

The offence of keeping a firearm without a license carries a minimum fine of $50,000 or a minimum prison sentence of five years, or both. The possession of a prohibited firearm holds a minimum fine of $80,000 or no less than five years imprisonment.

Mitigation

In an attempt to get his client the least possible sentence, Straker’s attorney Stephen Daniels pointed to his client’s perfect attendance record of all court dates since 2015. He also mentioned the five-year duration of the case, stating that the delay of the court proceedings should be considered since his client was not at fault for the delay.

Daniels said that his client’s father who resides in Barbados is presently ill and under medical care and said Straker has been travelling back and forth between jurisdictions to tend to his dad. He also pointed to Straker’s immediate dependents — nine children who he said would be disadvantaged if their father was to receive prison time.

Daniels further stated that Straker had business-related projects that would directly be affected and result in financial penalties should he fail to complete them.

Ruling

In sentencing the gun offender, Magistrate Baptiste-DaBreo ruled out the possibility of a fine as she believed the nature of the charges are too serious to consider such a decision. 

She stated that she was persuaded to rule in favour of a suspended sentence but was not 100 percent persuaded as she believed a custodial sentence was also warranted.

The magistrate said her decision factors in the five-year length of the case and the condition of the defendant’s ill father. For both convictions, she, therefore, handed Straker the half-a-decade sentence. Two of the five years will be spent in prison and the three years was suspended for a two-year period.

Each sentence will run concurrently, which means Straker will only serve two years in prison. After serving his time at the Balsam Ghut-based prison, Straker will only be required to spend the final three years in prison if he commits another offence in two years.

Appeal to be made

Straker’s attorney Daniels had also made an application to the court for ‘bail pending appeal’.

His argument was that his client had substantiating grounds that would result in a successful appeal and felt that bail should be awarded in light of such possibilities.

Magistrate Dabreo said she was not mindful to grant Straker bail pending appeal, as she was not satisfied that the appeal will likely be successful. Straker will, therefore, remain in prison pending the outcome of an appeal.

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12 Comments

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  1. BuzzBvi says:

    Ah. Children, sick father.
    Why did having 9 children and a sick father not stop him getting firearms?
    Why should having 9 children and a sick father therefore stop him going to prison for a very long time. Or did he only have the children and the father after he committed the offenses and had then given up firearms and criminal behaviour for good.

    Like 17
    Dislike 4
    • Crime says:

      Crime does pay in the BVI. No wonder the BVI is being compared to Mogadishu and the likes. Hmmm. The also have another thing in common as well as all the murder capitols in the US. All BLACK!!!

      Like 5
      Dislike 1
  2. The Nation says:

    Pat on the back sentence. WOW

  3. Curious. says:

    After 2 years in prison would he be allowed to do the 3 years in BVI or would he be deported back to Barbados as a non belonger . Isn’t that the law.

    Like 14
    Dislike 1
    • @Curious says:

      The Law is that if convicted of any crime that carries a penalty of more than 3 months you are liable to be deported. If he is a Belonger I am not sure if that is usually stripped away but I think Residency and work permit exemptions can be revoked in such cases.

      Like 2
      Dislike 1
  4. Mmmmmm says:

    The real questions the should be asking is his motive for having guns and where did he got them from. Press him then you’ll get real intelligence.

    Like 8
    Dislike 2
  5. Crime pays says:

    I thought we were getting tough on guns?

  6. Vg says:

    Pls.stop this man is not a VGman he is a. Barbadian(bajan)
    .

    Like 5
    Dislike 1
    • Real people says:

      @ vg im sure who ever you is one of the broke retarded local wa ain’t doin ntn for them self wa can’t get them bills paid im dam sure you use to hail this man everytime you see him now you got the worst to say you stupid individual

  7. Another **** ****** Free says:

    Oh, I cannot be incarcerated, my father is old and sick. Ahah! You cannot touch me, because I have 9 children! This is complete bulls**t.

    Did he violate the law? Yes!
    Is there a mandatory sentence? Yes!
    It’s MANDATORY and MINIMUM!!!
    Throw his a** in jail. Be done with his bulls**t.
    This guy thinks he knows s above the law because of his ******* m***y? Send him back to Barbados, along with his buddy, S***** son. See how long they last in that environment. Not such a big wheel now, eh?

    Like 4
    Dislike 1
  8. Chosen says:

    VG you sound so stupid only others from other places commiting crime

    Like 1
    Dislike 2
  9. ReX FeRaL says:

    Any foreigner convicted for crimes in the Virgin Islands are threats to public safety and national security. Deportation should be automatic.

    Like 2
    Dislike 1

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