Violence over $5 earns ex-shopkeeper two years in jail

| 03/08/2017 | 21 Comments

(CNS): A Cuban man who previously owned a West Bay mini-mart was jailed for two years Thursday, following his conviction for GBH after he broke the jaw of a customer when a row over a $5 phone top-up charge turned violent. The victim’s injury was extremely severe and he still has problems talking almost two years after he was hit by Eduardo Sway Gutierrez, who had denied the charges claiming self-defence. The two men came to blows when the victim’s teenage son had topped up his phone at the store but the cash had been credited to the wrong number.

When the father and his son returned to get the issue addressed an argument ensued and, despite what the judge said was the adult and calm behaviour of the teen, his father and the shop owner quickly came to blows. Both men reportedly pulled out knives and while the son urged his father to calm down, the situation escalated. As the victim turned and told his son to leave the area and go wait in the car, Gutierrez was said to have leapt into the air and landed a massive blow to the victim’s jaw as he was turned away.

As a result, Justice Michael Wood said that Gutierrez couldn’t claim self-defence and found him guilty of GBH. Although both men had knives in their hands at the time neither used them and accusations that Gutierrez had a knuckle duster were dismissed as there was no evidence to support the claim. 

Gutierrez is already serving two years for possession of ganja with intent to supply so the judge added the new two-year sentence to his existing time and also ordered him to pay the victim CI$5,000 compensation. However, the court heard that order was complicated by the fact that the crown has seized Gutierrez’s assets in relation to the drug charge but prosecutors said that they could release some of the funds.

Justice Wood also ordered that Gutierrez be deported after serving his time.

Print Friendly, PDF & Email

Category: Crime, Local News

Comments (21)

Trackback URL | Comments RSS Feed

  1. Happy420 says:

    Caymanian by blood ties, just like me and you.

  2. TUNA says:

    Caymanian crab in the bucket mentality! Wow. You all haters never want to see a man make it. Lots of you people leaving these negative comments to tear one of our own down,GOD have mercy on us.

    • anonymous says:

      How can “one of our own” be subject to deportation? Makes no sense. Kindly explain yourself. Thank you.

      • TUNA says:

        The same way the Fosters,Kirks, and the rest of the elite families migrated here in the 70’s and 80’s just happen to be born in another country from Caymanian grand parents. But wait when their siblings get into trouble is ok no big deal………

  3. Anonymous says:

    How did he own a mini mart. I thought the law requires such businesses to be Caymanian owned?

  4. Anonymous says:

    The CI Government wants to deport a man for defending himself yet they courts only charge child sex offender a maximum of 6-8 months in jail, what kind of justice system is that!!!

  5. Anonymous says:

    So the man was threatening with a knife and got knocked out instead of stabbed or killed and they are not ok with that?

  6. Anonymous says:

    What do the pot is a peaceful drug crowd have to say about this?

  7. Anonymous says:

    now sue him in civil court for future losses? teach him a lesson….

  8. Anonymous says:

    With the appropriate legal application, seized asset funds can be released for distribution to receivable parties , so it is difficult to accept this would contribute any major complication. This violent offender will no doubt have adequate time to reflect on his actions and look forward to living in Cuba again, while doing so.

    • anonymous says:

      Broken jaw aside, an excellent outcome. The victim is compensated and this violent offender is caged and will be booted out of our midst upon release. But what is this about knives. Is it legal to pull a knife out like they both did?

  9. Anonymous says:

    Send him back to Raul Castro and Cuba – where he is originally from. He has caused nothing but trouble since living here in the Cayman Islands.

    Everyone in the district knows of him being involved in criminal activity.

  10. Anonymous says:

    hope he gets deported when he gets out of jail

    • Anonymous says:

      Didn’t you read the entire article???

      • anonymous says:

        Evidently not. Never fails to bemuse me how in an age of a plethora of communication equipment everyday communication is poorer than it has ever been. In the old days you dialed a number, it rang, and someone usually said “Hello”. Now we are thrilled when this happens!

      • Anonymous says:

        And yet other factors indicate he is Caymanian. What is the full story?

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.