Log In

Reset Password
BERMUDA | RSS PODCAST

Lawyer believes Kellan Lewis’ manslaughter sentence was ‘excessive’

Kellan Lewis who is appealing his conviction for killing Kellon Hill.

Kellan Lewis’ 12-year sentence for his role in the killing of Kellon Hill was “manifestly excessive,” according to defence lawyer John Perry QC.Mr Perry told the Court of Appeal yesterday that, if the court decides to uphold his client’s conviction, his sentence should be reduced to reflect secondary liability, meaning he didn’t land the fatal blow.He also stressed Lewis’ efforts to better himself by earning his GED and completing the Mirrors programme.“Justice can be made with a much lesser sentence,” Mr Perry said. “He will, for the rest of his life, have the conviction of manslaughter hanging over him.”Lewis, 19, was last year convicted of manslaughter and possessing a bladed article in connection with the killing of 18-year-old Mr Hill.He is now appealing both his conviction and his sentence.On August 9, 2008, Mr Hill was leaving a party at Elbow Beach for a 14-year-old girl, but when Lewis, who was 16 years old at the time, allegedly tried to grab his necklace, leading to a fight.Mr Hill was set upon by a group of teenagers and, during the ensuing brawl, was fatally stabbed.Lewis, along with Zharrin Simmons, Gary Hollis, Devon Hairston and Kevin Warner were charged in connection with the killing, but during their trial all but Lewis were acquitted on the direction of Judge Charles-Etta Simmons, who found they had no case to answer.The jury in that trial failed to reach a verdict, but Lewis was found guilty of manslaughter in a retrial by a verdict of nine to three. He was also found guilty of possessing a bladed article.On Monday, Mr Perry said that the only evidence against Lewis was the testimony of a single witness, which he described as unreliable.However Director of Public Prosecutions Rory Field yesterday said that two people reported seeing Lewis with a knife the evening of the attack.And while he maintained that the Crown believed Lewis inflicted the fatal stab wound, Mr Field said that even if he hadn’t, his involvement in the fight would have aided the killer, making Lewis guilty of manslaughter.“The punching and kicking clearly gave support to someone else who was also attacking,” Mr Field said. “They would feel safer in making that attack because someone else was there attacking.“Though Mr Hill was a quiet boy, a church boy, he could defend himself.”Mr Perry told the court Lewis had to not only know about the knife, but that the killer intended to use it to cause unlawful force and aided the killer to commit the offence in order to be convicted.But Mr Field argued that merely knowing about the possibility of unlawful force and aiding would make him guilty.Regarding the sentence, Mr Field said that the sentence was appropriate in this case, noting the public outcry following the killing.“This case had a particular resonance in the general public,” Mr Field said. “There have been a number of killings between people who are either members of gangs or associated of people in gangs.“That has caused a huge amount of concern throughout Bermuda, but this was different. This was a case where the victim was an innocent young man on his way to set out and further his education.”The Court of Appeal is expected to announce its decision later this summer.