Justice Lisa Ramsumair-Hinds -
In under a year, a Marabella man was tried over 2023 charges of shooting with intent, was convicted and sentenced in the High Court.
“This trial meets the aspirational goal of determining indictable offences within one year of the accused being charged,” Justice Lisa Ramsumair-Hinds acknowledged.
She referred to the recommendations of the Caribbean Court of Justice’s Academy for Law Needham Point Declaration on Criminal Justice Reform which aims at reducing backlogs in the criminal justice system.
Several regional countries have responded to the recommendations encapsulated in the declaration adopted in October 2023.
Ramsumair-Hinds recognised the “potential for change in the criminal justice system.”
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She pointed to the Administration of Justice (Indictable Proceedings) Amendment Act, 2011 (AJIPAA) and the new criminal procedure rules which came into operation in December 2023.
“This case also demonstrates the realisation of the aspirational goals in the Needham’s Point Declaration on Criminal Justice Reform.”
The judge’s comments preceded her sentencing of Ryan “Wabean” Hernandez, 39, for shooting with intent, possession of a firearm and ammunition, and discharging a firearm in a public place on October 30.
He was charged in December 2023. An indictment was filed in February under the AJIPAA. A High Court master committed him to stand trial in May, and in October, he opted for a judge-only trial. On October 29, Ramsumair-Hinds found him guilty of all four counts.
She began with a sentence of ten years for the shooting with intent charge; 15 for the possession of a firearm; the same for the ammunition; and ten years for discharging a firearm in a public place.
Hernandez received an extra year on all counts for four previous convictions on assault-related charges, but received a reduction for the 293 days he spent in prison awaiting trial.
In ordering the sentences to run concurrently, Hernandez was left with ten years, two months and 12 days for shooting with intent and discharging a firearm in a public place and 15 years, two months and 12 days for each of the two counts of possession of firearm and ammunition.
“In my view, a non-custodial sentence is not appropriate in the least, and it does not meet with any of the five aims of sentencing. These are very serious charges, which went to a full trial,” the judge said.
“The prisoner was and still is a violent man.”
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In sentencing Hernandez, she also recognised recent legislative changes for firearm-related offences.
“Parliament has signalled that these offences are far too prevalent in our society and has increased the maximum penalties for the offences under the Firearms Act.”
Previously, the latter was an offence by summary conviction, with a penalty capped at a $15,000 fine. Ramsumair-Hinds quoted former attorney general Faris Al-Rawi, who, in a parliamentary debate while introducing the increased penalties, said they were previously too low.
“In today’s gang culture, in the scenes where we see people gathering around and shooting firearms in the air as you can sometimes see, we think that that is way too low,” Al-Rawi had said.
Ramsumair-Hinds added, “Given the present-day realities of gun violence and the proliferation of illegal firearms which threatens the quality of life of every single citizen in our twin-island paradise, deterrence is as important for this prisoner as it is for the criminal-minded fraction of our population.”
She also expressed hope that Hernandez’s two teenage sons could use their father’s incarceration as an opportunity to be circumspect and for him to “turn this experience into an important fathering opportunity.”
At the trial, prosecutors Charmaine Samuel and Guliana Guy led evidence from four witnesses. They also tendered statements from seven others and documentary exhibits.
Hernandez was before the court for an incident that took place on December 2, 2023, just after 2 am, at a bar in Marabella. He shot Nicholas Jones in the thigh after Jones intervened in an argument between two of Hernandez’s friends, telling them, “Doh quarrel. Let us have a nice night tonight.”
Jones said Hernandez touched his shoulder and told him, “Croc, is not that out here tonight.”
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Both men walked into the bar and Jones saw Hernandez shoot at him, heard a bang, saw a flash and felt a burning sensation in his left thigh. His cellphone, which was in his pants pocket, appeared to have deflected the shot, as the bullet first hit it and then entered his thigh before exiting.
Jones jumped on his bicycle and rode to his sister’s house a minute away before he fell unconscious and was taken to hospital.
Days later, he identified Hernandez as his shooter.
In his defence, Hernandez did not testify, but his lawyers advanced several defences including denial, alibi, fabrication and to an extent mistaken identification.
Public defenders Shawn Morris and Michael Modeste alleged Jones simply called Hernandez’s name because it was easy, saying he could not identify his shooter as he was intoxicated, having drunk beers at the bar.
But the judge, in her verdict, said she did not believe Jones was intoxicated when he was shot, nor did it undermine his identification evidence.
She also rejected the defence’s numerous challenges to the police’s investigation of the shooting, adding that the state’s case was “quite strong and compelling.”
