Fairylands fracas: Man who wielded wood escapes jail
A 20-year-old man who wielded a piece of wood as a weapon in the Fairylands fracas was fined $1,000 yesterday.
Kyle Tavares avoided a jail sentence, despite the Crown's insistence he be incarcerated as an example to others.
The Supreme Court heard that his father had died in the months leading up to the offence and that he was now trying to get his life back together, by giving up alcohol and gaining employment.
Tavares, 20, of Fairylands Lane, Pembroke, was one of three men involved in a violent disturbance in Fairylands on June 5 last year. Tavares; Chase Burgess, of Crisson Avenue, Pembroke; and Marcus Burgess, of Radnor Estates Road, Hamilton Parish; were all charged with assault and possession of offensive weapons. The fight resulted from a feud with another gang over a woman.
Chase Burgess, 21, was fined on July 17 for wielding a Samurai sword in the disturbance. He had pleaded guilty on May 1 to going armed in public, wounding with intent to cause grevious bodily harm, and unlawful wounding.
Burgess was given a 12 month suspended sentence and ordered to pay $4,385 in compensation to the three men he injured. He was also given 100 hours community service.
His brother, Marcus Burgess, 23, pleaded guilty to possession of an offensive weapon ¿ a glass bottle, and was fined $500.
At the earlier court hearing, Tavares also admitted possession of an offensive weapon, a wooden baton, and assault causing actual bodily harm.
Although the Burgess brothers did not have any previous convictions, the court heard Tavares was given a six month suspended prison sentence earlier this year for unlawful wounding and was fined for stealing $20 in June of last year.
Yesterday, he was sentenced to a year's suspended prison sentence, 150 hours community service, a two-year probation order and was fined $1,000.
The court heard Tavares injured another young man, Jordan Hill-Kane, in the Fairylands incident.
Describing the fight, Acting Director of Public Prosecutions Juan Wolffe said: "Kyle Tavares was brandishing a piece of wood with a piece of rope tied to his wrist. He said 'Do you want me to break your arm', and hit Mr. Hill-Kane twice on the upper arm with the piece of wood, bruising the right side of his arm.
"The weapons have not been recovered," added Mr. Wolffe.
"The entire incident was one of serious concern and of grave circumstances. This was an act which was fully participated in by Mr. Tavares. Without any provocation whatsoever he and others attended the Fairylands area and there upon injured and assaulted persons there.
"They went to the area specifically with violence on their mind, and weapons to inflict serious harm on their intended victims, which as far as I'm concerned, takes this type of offence to the higher level of seriousness.
"This is a clear case of wanton violence and that is something that this community should not tolerate, whether this community is Fairylands or the Back of Town.
"All too often in this society, particularly now unfortunately and with great sadness, these offences are tearing the social fabric of this community apart."
Mr. Wolffe said: "This is clearly a group of young men intent on causing terror. This is an all too common occurence in Bermuda now and we must send a clear message to Mr. Tavares and others that this will not be tolerated.
"Mr. Tavares, unfortunately for him, has escalated to a realm of criminality for which he must now face the music. This court must take exception to the very real problem we have ¿ not only to Mr. Tavares but to the wanton violence which is being carried out across each parish in this country called Bermuda.
"The only right sentence in law is one of immediate custodial sentence."
Charles Richardson, defending, said: "Mr. Tavares's father passed in 2006 as a result of alcoholism. We then see in 2006 these offences. He admitted in engaging in illicit substances at this time and making some poor decisions, but there have been no further offences.
"He is now employed. This is a young gentleman should be given the benefit of the doubt. Mr. Tavares and the complainant (Mr. Hill-Kane) were acquainted before the incident and since then, Mr. Tavares has apologised to him and they are now peacefully acquainted again.
"He has expressed remorse for his actions and is frightened to death about the prospect of going to prison. That alone has forced him to mend his ways."
Tavares told the court: "I just want to say I had a hard time. My father passed away with drug and alcohol problems, but I know that's no excuse.
"Since then I've got my life on track, and I can't leave my mother out because we are a very small family. I don't want to leave her.
"I just want to say I'm very sorry and I'm not going that way anymore."
Puisne Judge Charles-Etta Simmons said: "Bearing in mind the circumstances in which he last got into trouble, his commitment not to drink and his realisation that alcohol has a devastating effect, not just on the human condition but on families, it's not likely he will - with proper guidance - involve himself in heavy drinking again.
"I think there is a real chance he will be a useful, productive member of society. I think he deserves to demonstrate his commitment, and I think that probation is recommended in the report as a viable option for the court."
Tavares must comply with regular drug and alcohol tests as part of his probation order. He must also obey a 9.30 p.m. to 6 a.m. curfew for the first six months of his suspended prison sentence.