UPDATE: Capoon's Bay man gets 18mths for drugs & firearm offences
For driving without two (2) lighted headlamps, the defendant received a fine of $100 or four days in prison in failing to pay; for driving without a driver’s licence, the defendant received 3 months in prison; for driving when not covered by a policy of insurance, the defendant received 6 months in prison.
Further, for carrying an unlicensed firearm (Sturm Ruger 0.99mm semi-automatic pistol), the defendant received 18 months in prison; possession of explosives, the defendant received 5 months in prison; and two (2) separate counts of possession of a controlled drug (marijuana), the defendant received 3 months in prison (for each offence).
Potter, a father of four, will serve his sentences concurrently from the date of first remand.
In mitigation for the defendant, his attorney Patricia Archibald-Bowers requested that a non-custodial sentence be handed out based on Potter's family obligations. However, Senior Magistrate Tamia Richards insisted that based on the gravity and seriousness of the offences, a custodial sentence was warranted.
She further indicated that officers of the court submit documents based in law and fact and not ‘tell [her] what to do’ when instances such as those where mitigation is submitted to the court.
See previous story posted August 1, 2013:
Capoons Bay man pleads guilty in gun & ganja find
- remanded to HMP pending sentencing
ROAD TOWN, Tortola, VI – Bail has been refused to Capoons Bay resident Merande Potter, 34, who was allegedly discovered by Police Officers with a loaded gun earlier this week. Potter pleaded guilty today, August 1, 2013 to a total of seven (7) complaints laid against him by the Commissioner of Police.
The defendant was allegedly in the company of two others at the time when Police discovered a small quantity of marijuana in his possession on July 28, 2013.
Potter is being represented by attorney, Patricia Archibald-Bowers.
He was charged with driving without two (2) lighted headlamps; driving without a driver’s licence; driving when not covered by a policy of insurance; carrying an unlicensed firearm (Sturm Ruger 0.99mm semi-automatic pistol); possession of explosives; and two (2) separate counts of possession of a controlled drug (marijuana).
According to the allegations read by Senior Crown Counsel Sarah Benjamin, Police Officers were on routine patrol on July 28, 2013 in Road Town at about 9:25 P.M. when they reportedly observed a silver Honda Acura (PP230) along deCastro Street without two lit headlamps.
The vehicle subsequently stopped in front of Scotiabank where a female occupant got out of the vehicle and headed to the ATM after which the vehicle made a right turn and entered an ally between the bank and the nearby mailbox area, the court heard.
Police Officers, according to Benjamin, intercepted the vehicle which prompted the driver to come out and the officers introduced themselves and told the defendant of their observations. Potter allegedly replied: “Sorry Officers.”
He was then asked for his driver’s licence but allegedly told the officers that he was not the holder of a driver’s licence. He was told this was an offence and again allegedly offered an apology.
The officer, Benjamin continued, was suspicious of the vehicle as he smelt a high scent of cannabis emanating from the vehicle. He cautioned Potter and told him of the suspicions and asked to perform a search on the defendant’s person. The defendant reportedly agreed and during this search the officer allegedly found a white paper containing vegetable matter in the left front pocket . This was later discovered to be cannabis (1.6g)
Another occupant of the very same vehicle then got out of the car and he too was cautioned by an officer, but a search conducted on him did not yield anything.
Once the substance had been found on the driver he was asked by the officer what the item was and he allegedly replied that it was weed. He was then placed under arrest for the possession of a controlled substance.
The female occupant returned shortly after and the officer informed the three occupants that he suspected something illegal to be in the vehicle and requested a search. They agreed and a search was conducted which allegedly unearthed a black handgun on the floor of the driver’s side of the vehicle under a mat.
This was shown to the occupants and they were asked what it was; the male occupant indicated that he had no knowledge while the female occupant expressed her surprise loudly. All three were arrested and taken to the Road Town Police Station. Fourteen (14) live rounds of ammunition were allegedly discovered upon examination of the firearm. The occupants in the vehicle reportedly declined to reply when this was shown to them.
A search warrant was obtained for the defendant’s home and a search executed the following day where another small quantity (2.2g) of cannabis was allegedly found. Potter later admitted to the offences and the complaints were laid against him, Crown Counsel Benjamin alleged.
Potter’s attorney said she had come prepared to make a bail application but Senior Magistrate Tamia Richards indicated that persons who had pleaded guilty to being found with a loaded firearm were not usually granted bail.
Potter was remanded to Her Majesty’s Prison until September 13, 2013.
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39 Responses to “UPDATE: Capoon's Bay man gets 18mths for drugs & firearm offences”
Seems as though you been under the tree yourself.....had you any knowledge about gorjo you would know he BEEN WORKING MULTIPLE JOBS.....stop letting "yuh @$$ rule yuh mouth" and coming on here talking $h1t....get your facts together before you post things about people....y'all sickening now man.
To @U - Yes there are "some ppl" all ova the island looking jobs but dem boys under the tree ain't doing nothing but smoking & selling weed.
So he has kids so he should get off for having weed, a loaded gun, driving without a license and proper head lamp etc.? Then these f***ers wonder why the youth walk around without fear? As long as Pastors, Teachers, old friends, biggers and lawyers continue with this bullshit in the courts what do you think will happen? If it was the weed alone I could understand the rationale but a loaded gun? Driving with out insurance? No license? Come on!!!
Another gun recovered
Possibly a life saved
Recognition of the brave police officers involved
Gangsters not in style
We can all sleep a little better. POSITIVES