Jevon Demming and his cousin Sherman Williams will be sentenced in January 2015. Photo: VINO/File

The function of the attempted murder victim Mr Neil St. Rose's penis came up in the high court as reference made to the injury he had sustained in the scrotum area when he was shot. Photo: Facebook

The September to December 2014 assizes was closed in tight timing as one of the largest batches of jurors waited for hours to be discharged as the Crown represented by Senior Crown Counsels Valston Graham and Leslie Ann Faulkner and the Defense Mr Patrick Thompson and Stephen R. Daniels presented their submissions for the sentencing of the two.

It was during those presentations that the topic of the functioning of the victim Mr St Rose’s penis came in for some questioning. The Crown believed it should be a factor that the Judge Ms Nicole Byer must take into consideration in deciding the extent of her sentencing of the two accused.

6 wounds 3 gun shots

It was the submission of Mr Graham that the Medical Doctor who testified during the trial found that St Rose sustained six from three possible gun shots. He claimed that while two injuries did not penetrate the skin there was one injury in particular to the scrotum region of St Rose and there was every possibility that the proper functioning of the penis could have been or is likely to be affected.

But Defense Attorney for Williams, Mr Daniels, was not going to let that suggestion go on the head of his client as he submitted that at no stage while giving evidence in the trial did Mr St Rose indicate that the quality of his life had diminished or is likely to with reference to the injury to the scrotum area. He said that considering the time that has elapsed since the incident, any ill effects to his penis would have been known to Mr St Rose.

Graham further presented that the Judge should accept as aggravating factors that Williams gun butted the victim then proceeded to place the gun to the neck, that the shooting was at close range, that the firearm was never recovered, that the shooting took place in a public place - Rock Café in Virgin Gorda, that the quality of Mr St Rose’s life has been reduced and the seriousness of the injuries among others.

‘He is a gentle mouse’

It was the additional submission of Mr Daniels that based on social inquiry report his client now 34 years old and a belonger of the Virgin Islands was a plumber working with Yates and Associates at the time of getting into his first brush with the law.

He said that his client had no previous convictions but there was one thing that had gleamed from the report; that there was one time that he was incarcerated for his failing to pay child support but he had no infractions while in prison.

On his own from very young age

Williams was submitted as a product of single parenting who was left on his own from a very tender age where he had to fend for himself. “Mr Williams did not one day traverse that path. We say this is totally of out of character,” said Mr Daniels as he said his client successfully took his life's path without getting involved in gangs and in bad company that could have landed him into trouble while out on his own from very young.

He said the throughout Williams maintained his innocence; that he is capable of rehabilitation, that he has a desire to continue his education and if given a non-custodial sentence, will not be a threat to society.

“He is a gentle mouse,” said Mr Daniels, who said his client went to the Rock Café that night with “no beef” with the VC until he was pushed in the back by the VC as he was leaving the venue. He describes his client’s involvement as ‘spur of the moment, a random act and he was provoked. “There is some degree of provocation on the part of the VC,” submitted Mr Daniels.

Single digit

Mr Thompson submitting for his client also relied on his social inquiry report which he said give a clear indication that the incident was totally out of character for Demming. He said that several persons submitted letters as character witnesses on the behalf of his client.

He also referenced Demming as being an ardent sportsman who has been a very good and respected footballer which has resulted in him garnering the respect of persons in the community. This case of which Demming was found guilty Mr Thompson said can only be seen as spontaneous and not premeditated.

He also submitted that the sentence to be handed down on his client should not be the same as that which would be handed down on Mr Williams.

He suggested that if given a custodial sentence it should be in the single digits that would properly represent his culpability.

Sentencing is set for the week of January 12, 2015.