The offense of wounding with a hook stick would ordinarily have attracted a prison sentence of 18 months, Justice Timothy Owen indicated on Thursday. But since Fred Augustus Boothe pleaded guilty to the charge, the judge gave him the typical one-third discount and reduced the term to 12 months.
Then, after hearing mitigation from defense attorney John Furniss and reading a social inquiry report, Justice Owen said he was influenced to depart from what would be the inevitable custodial sentence. However, he imposed conditions he described as onerous and warned that if Boothe did not abide by them or committed another offense within two years, the prison term would almost inevitably be activated.
The defendant, 28, was placed under a supervision order for two years. During that time, he is to avoid all premises where alcohol is consumed or sold. He is to observe a curfew between 11 p.m. and 6 a.m., and present himself to police officers at the doorstep if they come to check on him.
He is to attend substance abuse meetings, attend an anger management course, and participate in any other program his probation officer may direct. He is to submit to alcohol and drug tests when requested.
Further, Boothe is required to perform 40 hours of community service and pay his victim $150 compensation for lost earnings.
His offenses, wounding and threatening to kill, occurred at a barber shop in the Batabano Plaza, West Bay, in the early evening of Dec, 18, 2013.
Crown counsel Laura Manson said Boothe had been hanging around the plaza much of the day. On CCTV footage from outside the premises, he appeared intoxicated and is seen going in and out of the shop. He made various remarks including one about “kill a Jamaican boy and send him back in cargo” and asking the complainant if he was a bad man.
The complainant said no, he was a barber.
Boothe said he would soon be back. He left, went around to the back where weapons were stored, armed himself with a hook stick and went back to the shop. CCTV footage showed him swinging the hook stick and hitting the complainant on his left side in the back.
The complainant said his attacker used a lot of force and then pulled the stick back as if to hook him. Witnesses described Boothe using swinging or whipping motions in the encounter. The complainant took up a cutlass to defend himself, using the flat side and not the edge. Punches were exchanged until the complainant backed away, asking why Boothe was doing this. Witnesses said Boothe just smiled.
When police arrived, Boothe rushed out. He later surrendered himself and claimed he had a running joke with one of the barbers and the complainant had taken his jokes too seriously.
Ms. Manson said the injured man received a penetrating wound that resulted in a small air leak in his lung. He suffered shortness of breath for three or four weeks afterwards.
Mr. Furniss said his client was deeply sorry for what happened. He wanted to apologize but had been told to have no contact with the complainant. He accepted he was responsible for the injury, agreed to pay compensation and recognized that drinking got him into problems.
Justice Owen said Boothe was drunk when he went into the shop and made a series of what he thought were humorous remarks, but which could be interpreted as threatening. The judge was satisfied from the medical report and the victim impact statement that he could approach sentencing on the basis of lesser harm to the complainant and lower culpability on the part of the defendant. Boothe did arm himself, but it was very much a spur-of the-moment incident.
The judge referred to a good recommendation from Boothe’s employer, who said he showed maturity in doing what he was asked to do and getting along well with co-workers. Justice Owen also noted that Boothe had recently married: “I hope that brings stability to your life,” he said.
All things considered, he was satisfied that the need for punishment and deterrence could be satisfied by the supervised suspended sentence.
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