Murderer Myers has sentence slashed
A convicted killer has had his minimum sentenced more than halved as a result of a recent Privy Council ruling.
Antonio Myers, 28, had been sentenced to spend at least 38 years behind bars for the murder of Kumi Harford, however that sentence has now been reduced to 15 years.
While 23 years less than the original minimum sentence, the new sentence is the statutory maximum for those convicted of “simple” non-premeditated murder.
Mr Harford was fatally shot in the St Monica’s Road area at around 5am on December 5, 2009 while in his car.
During Myer’s trial in 2011, the court was told that the killing was in retaliation to an incident at the North Atlantic Boat Club, in which David Cox, a member of the 42 gang, allegedly threw a drink on a woman associated with Middletown/Parkside.
Prosecutors alleged that Myers, and at least one other accomplice, subsequently went to St Monica’s Road, a known hangout of the 42 gang, and fired 12 or 13 rounds at Mr Harford using two different firearms. Myers then returned to the Middletown area, and attempted to destroy evidence by burning his clothing.
Myers was convicted of Mr Harford’s murder, and sentenced to life in prison. Puisne Judge Carlisle Greaves also ordered that Myers serve at least 38 years of his sentence before becoming eligible for parole.
However, a recent ruling by the Privy Council in London, in the case of Jermaine Pearman, established that Bermuda law prohibited minimum sentences greater than 15 years in cases of “simple” murder. As a result of that ruling the Court of Appeals returned the matter to Mr Justice Greaves for resentencing.
The case returned to Supreme Court earlier this week. Rory Field, the Director of Public Prosecutions, suggested that the maximum tariff of 15 years be applied, saying the killing was a cold-blooded response to a perceived insult.
Defence lawyer Elizabeth Christopher however called the prosecution’s theory of the murder speculative and “preposterous”, saying that while Myers may have been convicted for being involved in the killing, there was no evidence to suggest he pulled the trigger.
Delivering his sentence yesterday, Mr Justice Greaves said: “In Bermuda, where the maximum minimum for murder is at the relatively low level of 15 years, it is my view that, in cases as seriously aggravating as the present case, a court ought to be careful about tinkering with a minimum below on the basis that one of this class is a little worse or a little less so than another, when in reality they are all so bad.
“Although each case is to be judged on its own merits, it is difficult to see how a case of this class of aggravation and without any exceptional mitigating circumstances could expect to fall below the maximum minimum.”
Mr Justice Greaves also noted the difference in sentence between Myers and Cox, who yesterday received a minimum sentence of 25 years for premeditated murder in a similar gang shooting.
“Some may justifiably feel that the minimum sentence in this case does not meet the needs of justice, given the tariff of 25 years to be served by others, such as David Cox for the identical circumstances and aggravating factors,” he said. “This defendant has been fortunately served by a lacuna in his charge. He can hardly complain about his good fortune.”
The judge confirmed Myers’ life sentence, and ordered the defendant serve a minimum of 15 years before becoming eligible for parole.
Government is to table amendments to the laws governing the sentencing of murders, following the events in the Supreme Court.
Mark Pettingill, the Attorney General, made the announcement last night in response to the reduction in sentences for convicted killers David Cox and Antonio Myers.
And the Minister for Legal Affairs warned that just because a criminal becomes eligible for parole, ‘certainly does not mean they will receive it’.
“As a result of the ruling from the Privy Council decision in November which stated that the laws in Bermuda do not allow a minimum sentence over 25 years for premeditated murder and 15 years for murder, essentially reducing sentences for convicted felons, the Government has worked quickly to review and draft changes to the law which is expected be tabled in the House of Assembly in February,” said Mr Pettingill.
“We are aware of public sentiment regarding the recent number of cases coming before the court relating to reduced sentences. Technically, we had to wait for the Privy Council decision in November before being able to review the law. I want to make it absolutely clear that just because a convicted person is eligible for parole certainly does not mean they will receive it, so the worst offenders may well expect to serve the majority of their sentences.”
Mr Pettingill said the proposed amendments would give judges discretion in how much time a convicted murderer must serve before being eligible for parole.
“The proposed amendments to the relevant pieces of legislation will preserve a sentence of life imprisonment, but allow a sentencing judge to order the amount of time that he deems appropriate that a convicted murderer would be incarcerated for, before being eligible for parole,” he said.
“In doing so he would have regard to the circumstances of the commission of the offence and the character and circumstances of the offender.”
