Rickford Jones who was on trial at the High Court in Demerara for shooting and killing a man into whose house he and another had gone, was yesterday sentenced to 23 years behind bars, after pleading guilty to the charge of manslaughter.
Jones was initially indicted for the capital offence of murder to which he pleaded not guilty earlier this week, following which a jury was empaneled to hear the case which commenced thereafter.
The trial was set to continue yesterday morning but this was discontinued after it was indicated to trial judge Sandil Kissoon by Jones’ attorney Maxwell McKay, the new course his client intended to adopt.
Jones was then read an indictment for the lesser offence of manslaughter, accepting that on November 18th, 2015 he unlawfully killed Christopher Wharton called `Taps’ or `Chrissy’ at Festival City, North Ruimveldt.
McKay in a mitigating plea begged the judge on behalf of his client for leniency, asking that credit be given for the young man’s expression of remorse, the fact that he had taken responsibility for his actions, had no antecedents and has been a model prisoner.
When given a chance to speak, Jones, in a soft tone, asked Wharton’s family who filled one section of the courtroom, for their forgiveness.
Looking over at the section where the dead man’s reputed wife and son sat with other relatives who all appeared still visibly emotional over his loss, Jones quietly said, “I am sorry for what happened and for my actions. Please forgive me.”
Wharton’s now 7-year-old son who was also shot and injured during the incident, sat with his mother.
The woman, Shemain Ross, in a victim impact statement to the court, said that coping with his father’s death has been difficult for their son who asks her every day “why did they shoot my father and why did daddy have to die?” Noting that this is especially difficult for her, the woman herself sought to enquire from Jones, “Why?”
She said she has been forced to be both mother and father to a child who misses his father dearly.
When asked, she explained to Prosecutor Tuanna Hardy that while she is encouraged by the fact that Jones had taken responsibility for her husband’s death, she will forever have to live with the ever-present pain and void of losing him.
Wharton’s brother Shawn Broomes and a cousin also spoke of how his death has affected the family which they both said is still in a state of mourning.
As he spoke, many of the relatives were moved to tears—one so uncontrollably that she had to be asked to momentarily step out of the courtroom.
Broomes said that his brother’s death still bothers him and while the family is not comfortable with his killer’s expression of remorse, they are nonetheless happy that he had taken responsibility for his actions.
The man then asked the judge to impose upon the offender a sentence which would be a just punishment for his brother’s life.
Highlighting the feelings of the family over losing their loved one, Prosecutor Hardy urged the judge to impose a sentence which she said would reflect the nature and gravity of the offence, and which would deter potential offenders.
In handing down the sentence, Justice Kissoon said that he had taken into account both the mitigating and aggravating factors of the case. He commenced at a base of 25 years which he said is what was required by law in the circumstances. To that amount he then added six years for the aggravating factors, among which he noted that a gun had been used in the commission of the crime and the degree of planning and premeditation which he said had been done.
The judge noted the prevalence of gun crimes and the fact that Wharton had been shot in the sanctity of his home. On this point he said that the sentence needed to reflect society’s revulsion at such crimes.
Justice Kissoon had also pointed out the indiscriminate manner in which the shooting, which caused injuries to others around had taken place very close to a densely populated area.
He said that the offender and potential offenders alike needed to be deterred.
The judge said that he then considered the mitigating factors which included Jones’ relatively early plea, his previous unblemished record, his age at the time of the crime when – he was 24 years old – and his show of remorse.
Against this background the judge said that while punishment on the one hand is intended to be punitive, it also, as far as is possible, has to equally be rehabilitative.
He said that given the young man’s youthfulness and the contributions he can still make to society, coupled with all the other mitigating factors; eight years were deducted from the 31 years arrived at after making additions for aggravating factors.
The judge then announced the sentence of the court to be 23 years from which he said the prison will make deductions for the time Jones would have spent behind bars awaiting trial.
Reports are that Wharton on the day in question had returned home when two men who were known to him rode up on bicycles and fired shots at him while he was seated on his stairs.
It was also reported that Wharton’s son had run out of the house after hearing the shots and was hit by one of them.
Wharton who was hit in the abdomen, succumbed to the injuries within an hour of being taken to the hospital.
An autopsy confirmed that he died as a result of gunshot injuries.
