The court must do what it can to curb the tide of violence in Cayman, Mr. Justice Dale Sanderson said in passing a sentence of eight years for conspiracy to commit murder.
Orville Gallego, 25, pleaded guilty to conspiring with four other persons to murder Kurt Karlando Rowe between 23-27 August 2004. Rowe, a 20-year-old Jamaican national, died of brain damage caused by multiple gunshot wounds.
After Gallego entered his plea on Monday morning, Acting Solicitor General Cheryll Richards presented the facts and Michael Wood QC spoke in mitigation.
The judge adjourned for several hours to consider sentence. The maximum sentence in Cayman for conspiracy to commit murder is 14 years. There were no previous local cases submitted as precedent.
Three UK cases were cited; Mr. Justice Sanderson said these were useful because they set out factors to be taken into consideration.
The judge pointed out that the maximum sentence must be reserved for the worst offences with few or no mitigating factors.
He first set out the aggravating features of this case. The conspiracy to commit murder actually resulted in murder. It was planned and deliberate, with a degree of premeditation over a period of days.
The defendant’s role was not minor. He assisted in an attempt to get a firearm. He participated in the identification of the house in which Rowe was staying. He participated in a switch of vehicles and allowed his to be used by persons who, he said, carried out the shooting.
The consequences of murder are more severe in Cayman than they are in England, the judge observed. Cayman is a small country with a small population. Gangland hits, murders and violence are going to affect the country in a significant way. The court must do what it can to try to curb this tide, he said.
Mitigation
Mr. Wood had described Gallego’s involvement as ‘an object lesson for young men here in Cayman.’ Gallego had started hanging around with other young men he thought were ‘more sophisticated and more exciting’ than the ones he had associated with previously. He began using drugs and became almost trapped in their lifestyle.
Mr. Wood said there was no doubt that the plan to murder Kurt Rowe had been hatched before Gallego joined in. His role was ‘a driver and no more.’ He felt he had to join in; he was scared for his life. One of the other conspirators had told him that, if anything happened, he was to keep his mouth shut or he would be killed too.
Once arrested, Gallego did everything he could to co-operate with police. But he felt he could not give evidence in court against the others because of his own genuine fear for himself and his family.
Mr. Justice Sanderson accepted that Gallego was a relatively young man without a significant conviction record. He accepted that Gallego had admitted his involvement immediately, was remorseful and pleaded guilty when arraigned.
But, he pointed out, Gallego’s involvement was over a two or three day period. He did not back out or go to police or extract himself from the situation.
Gallego decided not to give evidence against those he said had committed the murder. The judge considered that an aggravating feature, notwithstanding Gallego’s motive.
The other alleged co-conspirators were discharged after a preliminary inquiry in Summary Court when Gallego declined to give evidence against them and the Crown had no other evidence.
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