The shooting death of retired prison officer Harry Elliott Jr., was such a devastating blow to his family that it sent his father to an early grave, a court heard on Wednesday.
“My husband took Junior’s death to heart and died of a broken heart one week later,” the victim’s mother wrote in a letter penned to the Grand Court.
She asked that the family’s pain and anguish be taken into account when sentencing her son’s killers.
Elliott, 62, was shot and killed by Justin Kyle Jackson on 25 April 2022 during a botched armed robbery of an illegal gambling den off Eastern Avenue.
Jackson, 25, and his accomplice Eric Brian Williams-Soto, were convicted of manslaughter and possession of an unlicensed firearm in November last year by a jury, who also acquitted them of the more serious charge of murder.
“I always thought that one day he would bury me, but never did I ever imagine I would have to bury him,” Elliott’s mother wrote in her letter, which was read aloud by Deputy Director of Public Prosecutions Candia James-Malcolm during an initial sentencing hearing on Wednesday.
Elliott, a husband and father, had 14 siblings.
The family members he left behind spoke, in separate letters, of their pain and suffering.
“I am haunted by the memories of that day, when I heard the news that they killed the love of my life. It was as if my world had collapsed,” said Elliott’s wife in her letter.
“We want justice,” said his siblings in their joint letter. “We are angry, sad, and have been left with this large empty space in our hearts.”
The grief-stricken family’s distress was evident by their letters, and now as a part of her sentencing exercise, Grand Court Judge Cheryll Richards must consider that along with the need to protect the public and deter other would-be criminals.
A need to protect the public
In relation to the charge of possession of an unlicensed firearm, the prosecutors and defence counsel are in agreement that the mandatory minimum sentence of 10 years would be appropriate for Jackson and Williams-Soto, as there were no exceptional circumstances that would require an increase or reduction.
They differed on the appropriate sentences for the manslaughter convictions.
“By virtue of the conviction of manslaughter, there was a high degree of culpability as an unlawful death occurred, which was caused by the unlawful use of a firearm,” said James-Malcolm.
Although she did not provide an exact figure for the number of years she believes would be an appropriate amount, she noted that, similar to murder, a conviction of manslaughter carries with it a potential sentence of life in prison.
In Cayman, a life sentence is 30 years; however, such a sentence is usually reserved for cases of murder.
According to a social inquiry report, which was also presented to the court, Jackson is said to be a dangerous man with a pro-criminal mindset, who should be incarcerated to protect the public and provide a chance for him to access rehabilitative services.
It was also revealed that, at the time of the shooting, Jackson had been on release on a one-year probationary licence, having been convicted of wounding in 2017, for which he was sentenced to six-and-a-half years in prison.
When dealing with Williams-Soto, James-Malcolm noted that, although he didn’t pull the trigger, he played a significant role in the robbery and the overall criminal enterprise which led to the killing.
“He attended the scene of his own free will, and was ready to act as the muscle-man who would threaten and/or fight anyone who tried to fight back,” said James-Malcolm.
Williams-Soto, who was 20 years old at the time, is said to now realise the gravity of his actions.
“Mr. Soto now realises that he could spend the rest of his youth incarcerated, and it is a reality that he has now come to regret,” said the prosecutor. “When prompted by the probation officer, he acknowledged the harm and damage done to the victim’s family and that he was remorseful for the unintended killing.”
Sallie Bennett-Jenkins, KC, who is instructed by Amelia Fosuhene and represents Jackson, asked the court to impose a sentence that does not remove all hope from Jackson’s future.
Charles Miskin, KC, who is instructed by Keith Myers, called on the court to also implement a tempered sentence that would give Williams-Soto a second chance in life.
Both defendants remain in custody and are expected to be sentenced in the coming weeks.
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