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UPDATE: Youth fined for allegedly driving over security guard’s foot

Kyle Gumbs was given a fine of $5,000 or an alternative of six months imprisonment at the Magistrate's Court on April 12, 2013 for allegedly driving over a security guard's feet at the RT Festival Grounds in 2009. Photo: VINO/File
ROAD TOWN, Tortola, VI – Kyle Gumbs, 23, was handed a fine or an alternative in prison when he appeared in the Magistrate’s Court yesterday, April 12, 2013 for allegedly driving over the feet of a security guard at the Festival Village four years ago.

Gumbs had pleaded guilty on February 17, 2012 to the charge of assault occasioning actual bodily harm previously before the court. The defendant was allegedly goaded by his father to commit the crime on the day of the incident.

Senior Magistrate Tamia Richards, in handing down her sentence, highlighted the use of a vehicle in the commission of the crime as an aggravating factor. She felt that the defendant’s young age and guilty plea to the crime were mitigating factors.

She told the defendant he would have to pay a sum of $5,000 or spend an alternative of six months in prison if he failed to pay the fine.

When asked how much of the fine he would be able to pay, the defendant told the court that he was willing to pay $1,000 before the end of the month and the balance in instalments.

Magistrate Richards was not in favour of this proposal and noted that the case had been languishing before her for some time so the defendant should have come prepared to pay part of the fine at yesterday’s hearing.

She stated that a month was too long and indicated that the defendant should have come prepared to either pay part of the fine or to spend some time in prison after pleading guilty.

He cited his recent responsibilities as a new father as a constraint that contributed to the change in circumstances preventing him from making the payment immediately.

After a lengthy period of discussion, Magistrate Richards instructed the defendant that he had one month to pay the entire fine or face imprisonment. 

See previous story posted February 18, 2012:

$70K bail for man who allegedly drove over security guard’s foot!

ROAD TOWN, Tortola, VI – A 22 year-old man, who allegedly drove over the right foot of a security guard in August 2009, was offered bail in the sum of $70,000 with one signed surety and has to report to the Road Town Police Station three days per week when he appeared before Magistrate Tamia Richards yesterday, Friday February 17, 2012.

Kyle Gumbs had pleaded guilty to assault occasioning actual bodily harm and will be sentenced on March 23, 2012.

According to Crown Counsel Valston Graham, on Sunday, August 2, 2009 at around 7:30 p.m., Landa Charles, a security guard working at the Festival Village, stopped Gumbs from entering the ground because his vehicle did not have the pass to be allowed entry.

The court heard that the defendant became upset and began to argue with Charles, and it was then his father Wesley came up and allegedly begun to verbally assault the security officer. Graham further stated Wesley allegedly urged his son “to run her down”.

“Heeding his father’s advice, Kyle drove over the right foot of Ms. Charles and drove away,” Crown Counsel Graham added. Wesley, who also made a court appearance yesterday, was charged with threatening language and has to stand trial on April 10, 2012.

The doctor’s report indicates that Charles suffered soft tissue swelling and tenderness. The Crown also revealed to the court that Charles still suffers from the effects of the injury.

However, Patrick Thompson stated from his instructions the incident was accidental and Kyle never drove over the Virtual Complainant’s (VC) foot at the behest of his father.

Thompson pointed out that the injuries sustained by Charles were minimal, but Crown Counsel Graham argued the use of a vehicle to cause an injury is an aggravating factor.

12 Responses to “UPDATE: Youth fined for allegedly driving over security guard’s foot”

  • egg face (18/02/2012, 11:22) Like (0) Dislike (4) Reply
    hope the security guard does not have "one foot"..lol
  • one eye (18/02/2012, 17:46) Like (3) Dislike (2) Reply
    chillie is long bush bad man...
  • none at all (20/02/2012, 00:23) Like (0) Dislike (0) Reply
    Deeds people have no behaviour
  • saying (20/02/2012, 10:30) Like (0) Dislike (0) Reply
    LEASON LEARNED I HOPE
  • apple from tree (13/04/2013, 11:25) Like (4) Dislike (0) Reply
    like father like son
  • Eagle Eye (13/04/2013, 14:59) Like (7) Dislike (0) Reply
    Chelli was there to instegate, now where is he to pay the fine?
  • The Real Judge (13/04/2013, 20:58) Like (4) Dislike (47) Reply
    These are type of sentences that give crime the victory. A man willfully ran over the foot of a person of authority and sentence to pay $5000.00 or 6 months in prison. The is laughable. What is the compensation for the security guard? The victim lost. These are decision that hurts the community and incourage the criminal behaviour in and around us. You continue to say that we don't have to lock people up but you must hurt their pocket. Its waste of time to send people up the jail for lesser offences but you have to hurt the pocket of them and their family. A good sentence would have been $10,000.00 or two years in prison. He wouldin't want to go to jail for two years so he and his family would have to pay the $ 10,000.00. This is the only way to fight crime my people, take away the financial legs and they would have to sit. No money, means no guns, no drugs and no influence in our community.
  • To: Real Judge (14/04/2013, 10:19) Like (0) Dislike (0) Reply
    The Magistrate has guidelines that she must follow when imposing a fine. Having said that, I agree that the fine seems a bit small compared to what was done to the victim’s foot. However,the good news is that was just the ‘criminal’ phase. The victim can still hurt Mr. Gums in the pocket by bringing a civil claim against him for pain and suffering etc…


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