A man who says two women invited him back to their hotel room at the Kimpton Seafire was sentenced for burglary of the premises Monday.
Melbourne Junior Dyke pleaded guilty earlier to burglary at the hotel, which occurred in August 2017.
Mr. Dyke, 32, told officers after his arrest that he had been drinking at a West Bay Road bar. He then met two American females who invited him to their hotel room to party. When he woke up, they were gone.
During his appearance in Summary Court on Monday, Mr. Dyke started to tell Magistrate Valdis Foldats about “these girls,” but the magistrate stopped him. “You’re here. You’re the one who has to deal with it,” he said.
Crown counsel Toyin Salako explained the offense. She said Mr. Dyke was found inside a room after a hotel employee had tried to gain access to it. Numerous items were missing from the minibar and there was no record of Mr. Dyke being registered as a guest.
Police were called and they found a bag with 6.11 grams of ganja in Mr. Dyke’s possession. He also tested positive for consumption of the illegal substance.
A check of CCTV on the premises did not show him to be in the company of two females at any time, but did show him entering two different rooms. Cost of items missing from the rooms plus damage was more than $2,000, Ms. Salako said.
The magistrate said this case was somewhat unusual. A hotel room is a dwelling, he pointed out, but this was not a typical residential burglary. He described it as “essentially jumping into a room and trashing it.”
Ms. Salako submitted that the offense did cross the custody threshold.
Defense attorney John Furniss said the facts were admitted. He explained that Mr. Dyke maintained the ladies were staying at the hotel, but the room in which he was found was not under anybody’s name because it was being renovated.
Mr. Dyke’s biggest problem was the smell of ganja, the attorney suggested. Both rooms he was seen going into had to be “deep cleaned” at significant cost, he indicated.
“It’s clear he took advantage of the hotel,” he said of his client. “He went into the rooms. He consumed items from the minibars. He should not have trespassed. He should not have smoked ganja.”
The magistrate said the aggravating feature of the offense was that it occurred in a tourist area and had the potential to affect this aspect of Cayman’s economy. “The harm is in the risk,” he pointed out. “It doesn’t have to happen.”
Mr. Furniss agreed that not everyone wanted to go into a hotel room that had the odor of ganja. He asked the court to impose a suspended sentence. He said Mr. Dyke was awaiting a decision on a work permit. If the permit were granted, the defendant could stay on island, do community service and pay compensation to the hotel, he urged.
In passing sentence, the magistrate accepted that Mr. Dyke had no previous convictions. “I did consider immediate imprisonment, but we want the victim to be compensated,” he said. Starting at six months, he gave the standard one-third discount for the guilty plea, bringing the sentence to four months, which was then suspended. He ordered compensation to the Kimpton hotel in the sum of $2,280 with a local surety to guarantee payment. The money is to be paid by Sept. 28, if not by Mr. Dyke then by whoever signs for him.
For the ganja offenses, he imposed 40 hours’ community service and urged Mr. Dyke to do it as quickly as possible. “I hope you realize how close you came to going to prison today,” the magistrate told him.