UPDATE: 2 yrs imprisonment of Shomarie Chinnery
He appeared before Magistrate Ayana Baptiste-DaBreo late yesterday afternoon December 10, 2014 when he heard from the Magistrate that she did not believe his story in which he claimed that he had brought the gun to Tortola from Jost Van Dyke to give a friend to get rid of it.
Despite the fact that he had pleaded guilty to having an unlicensed firearm and ammunition at the first possible opportunity, Magistrate Baptiste-DaBreo took seriously the prevalence and seriousness of such activity in this ‘small’ Territory.
While going through the sentencing guidelines the magistrate had noted that the Crown had indicated that Chinnery had a previous conviction of a similar nature over which she sought clarification from both the defense attorney Ms Jennifer Jarvis and the Crown which was represented by Senior Crown Counsel Leslie Ann Faulkner and Member of the Bar Ms Annjel Flax-Solomon.
Attorney Jarvis told the court that to the best of her knowledge her client’s previous conviction was not of a similar nature but that of one relating to marijuana. Seeking the indulgence of the court Ms Faulkner took a moment to consult with the relevant authorities and upon returning confirmed Mr Jarvis’ position but said the Crown had his previous conviction under the caption ‘contraband’.
After weighing all the factors in the case Magistrate Baptiste-DaBreo sentenced Chinnery to 24 months in prison for the firearm offense and for the ammunition charge he was hit with a sentence of 4 ¼ months imprisonment. The times are to run concurrently taking into consideration the time he has been incarcerated for the offenses.
She ordered that the weapon be forfeited by the Crown.
See previous story published on December 6, 2014:
JVD man nabbed trying to ‘get rid of gun’
- Was he set up by so called friend?
ROAD TOWN, Tortola, VI – Shomarie Chinnery 26, a belonger who resides in Jost Van Dyke (JVD), Virgin Islands is likely to know his fate on the Tuesday December 9, 2014 for two charges he pleaded guilty to; carrying an unlicensed weapon and possession of ammunition.
Represented by Attorney at Law Jennifer Jarvis the court heard that Chinnery was nabbed by Police Officers who were in plain clothes in the West End area of Tortola on August 22, 2014. Giving the background to the arrest as put to her by Chinnery he had travelled to Tortola with the gun and ammunition to give to a friend in an effort to ‘get rid’ of the items.
She said that her client admitted to have had the gun for some four years but was becoming uncomfortable having it around. He then made arrangement with the ‘friend’ to get rid of it. The court heart that when he arrived on Tortola he dropped off a package his mother had given him to deliver and as he was leaving that venue to meet the ‘friend’ he was confronted by two men.
They took him outside where two others join them and they all identified themselves as Police Officers. At the time they were in plain clothes. The court heard that the officers after informing Chinnery that he was being arrested on the suspicion of having an unlicensed weapon the Police Officer threw him down to the ground pinning him down on the chest, twisted his neck to the extent of causing one of his locks to be pulled out of his head from the root.
During the episode Ms Jarvis said that the officers then searched a bag where the gun and ammunition were found. The court further heard that as the process of arrest was going on a vehicle drove up which was stopped by the police officers and the driver was the very ‘friend’ that Chinnery had made arrangement with to get rid of the items.
Along with Police Officers Chinnery was placed in the person’s vehicle and they proceeded to the Road Town Police Station.
Once there Chinnery had agreed to an interview which was done on one of the Police Officers' cell phone.
In her plea to the court for leniency in sentencing her client Jarvis told the court that her client had lost his job in Jost Van Dyke after staying away for a few days to take care of his girlfriend who suffers from frequent seizures. He also gave the reason that because her children were too young to take care of her and a parent had challenges with their sight he had to be in St. Thomas for some time to be at her side.
She said that also before all this happened he along with a cousin were in the process of kicking off a boxing programme as an after school activity for children in Jost Van Dyke as they had already commenced talks with the school’s head.
Jarvis said that Chinnery was no stranger to the court has he was incarnated back in 2009 for an unrelated matter for which he was sentenced to 24 months in prison but was released in October 2010 on the ground of being of good behaviour while in prison.
On Tuesday December 9, 2014 Chinnery will be sentenced. In the meantime he remains behind bars.
19 Responses to “UPDATE: 2 yrs imprisonment of Shomarie Chinnery”
And is also thinking of having children as that often lessens the sentence.
And he once picked up some garbage and put it in a bin.
And his uncle said he is a decent young man.
And the friend he was going to give the gun to was going to use it for good causes.
And if his friend got into trouble using the gun he would help him.
And if anyone ever got hurt with the gun he gave to his friend he would give blood at the hospital.
So let he go