financial strain received three six-month suspended sentences this week.

And Shawn Antoine Simmons was also fined $400 after he admitted two successive attacks on the Bank of Butterfield ATM in the Windsor Place Mall on Queen Street.

Simmons, 27, of West Park Lane, admitted attempting to steal from the ATM on October 19, attempting to steal cash and damaging the machine on November 7.

He also pleaded guilty to having house breaking equipment on that date.

Senior Magistrate Will Francis heard that Simmons waited in the basement of the Windsor Place until after working hours on October 19.

Police prosecutor Phil Taylor said Simmons was unsuccessful in opening the machine with a crow bar.

Simmons had avoided detection of the machine's security camera before cutting it's line and only stopped when he could not crack the internal safe.

The attempted theft was discovered the next morning. The damage was minimal.

Sgt. Taylor said Simmons later admitted to Police he returned to the Windsor Place on November 6 when he waited again for closing hours.

He tripped a silent alarm at 12.20 a.m. the next day and was discovered crouched before the machine with a Makita circular saw, three metal blades, three extension cords, and a tape measure.

Simmons had again opened the machine and was attacking the safe and caused an estimated $250 damage.

Sgt Taylor said Simmons later told Police he had committed the crime because he was in financial difficulty.

Duty counsel Paul Harshaw said Simmons was working steadily, and added: "He admitted to me that he knew he would not get away with this.'' Mr. Francis told Simmons: "This was a stupid and reckless thing to do. But you seem to be settled down now.'' Mr. Francis explained the three six-month prison sentences are to be served concurrently if he were convicted again within three years.

Simmons must pay $250 restitution to the bank for the damaged machine and the complete fine must be paid by January 31.

MAN THREW POLICE BATON IN WATER CTS Man threw Police baton in water Admitting he obstructed a Policeman in September 1997 cost a St. George's man a $400 fine in Magistrates' Court this week.

Acting Magistrate Tyrone Chin ordered Shandon Rene Fox to pay the fine by January 15, 1999.

And $50 restitution will be paid to Government for a Police baton Fox threw into the water off St. David's at the time.

Mr. Chin heard that another man -- later identified as Jermaine Fox -- was violently resisting arrest near Grape Bay, St. David's at 5.30 p.m on September 26 last year.

Crown Counsel Leighton Rochester said the man shouted to Fox to "get this man off of me, crazy, cousin'' as Fox approached.

A Policeman turned toward Fox, deployed his ASP baton and warned him away.

During the struggle the baton was knocked away and Fox picked it up and waved it at the Policeman, saying: "I should use this on you.'' He was warned again and eventually threw the baton into the water, saying: "You'll never use this again.'' Fox was later arrested at St. George's Police Station and said under caution: "Yeah man. Can't we work something? I can call my brother Stuart.'' And he said "it's all good'' when told that he would be formally charged.

Fox's lawyer Marc Telemaque said his client was young and his actions were completely out of character.

And he pointed out Fox's cousin, Jermaine Fox, in the gallery as the man who was being arrested and Fox's girlfriend.

"If he had been a more volatile nature the situation would have been more violent,'' Mr. Telemaque told Mr. Chin. "Mr. Fox has cooperated throughout this case. He is taking care of his responsibilities.'' BANNED FOR DRUNK DRIVING CTS Banned for drunk driving Two men were fined and banned from driving for a year yesterday after they pleaded guilty in Magistrates' Court to drunk driving.

Craig O'Neil Virgil admitted driving on the wrong side of the road and forcing a Police car to take evasive action on South Road, Southampton at 9.30 p.m. on November 16.

Senior Magistrate Will Francis heard that Virgil, 40, of Tribe Road 3, Southampton was traveling east at high speed near Turtle Bay.

Police prosecutor Phil Taylor said Virgil approached a sharp turn and was across a yellow line and in the path of an oncoming police patrol.

The Police turned around and eventually stopped Virgil on Church Lane. They noted his breath smelled strongly of alcohol and his speech was slurred.

Virgil told them: "I just had a couple of beers.'' He submitted to a breath examination and was found to have 274 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80 milligrams of alcohol in 100 millilitres of blood.

Mr. Francis fined Virgil $500 and took away driving privileges for one year.

Herman Ray Steede pleaded guilty to drunk driving at 11.25 on October 10 when Police saw him swerving about Wellington Road, St. George's and driving the wrong way up Smith's Hill, St. George's.

Sgt. Taylor said that after being stopped, Steed told Police: "Yeah, I had a couple of beers.'' Police noted Steede's speech was slurred, he smelled of intoxicating liquors, and his eyes were bloodshot.

Steede, 44, of East Lane, St. George's, was found to have 133 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80 milligrams of alcohol in 100 millilitres of blood.

Mr. Francis fined Steede $400 and also banned him from driving for one year.