Ebanks free after timed served for ammo possession

| 20/09/2017 | 20 Comments

(CNS): Jay Calvert Ebanks (23), who pleaded guilty to possession of ten live rounds of ammunition and was previously acquitted of possession of a gun, was allowed to leave court a free man this week when he was sentenced to time served, which amounted to 382 days imprisonment. The gun in question was tied to another man, Antonio Bullard, an illegally landed Bahamian national, who was deported before the results of the DNA tests were available. In delivering the sentence, Justice Charles Quin cited Ebanks’ guilty plea at the earliest opportunity and noted the search warrant used to find the gun and ammunition at the defendant’s house wasn’t “by any means perfect”.

The judge spoke about cases where tourists coming to Cayman have been found in possession of ammunition in their luggage, but said there was a “marked distinction” between tourists and local residents, since the visitors had acquired the ammunition legally in their home jurisdiction, in the US for example, and were unaware it was illegal in Cayman. But, he added, local residents have “full knowledge of the country’s stern approach to firearms and ammunition”.

He noted that under the Firearms Law, the definition of firearm includes any ammunition that can be used in a gun, and added he was stating the obvious that firearms and ammunition need each other, and by itself ammunition causes no harm. The judge suggested that it should be made clear what the minimum sentence would be for possession of ammunition.

In recounting the case, Justice Quin called it “implausible” that Ebanks found the ammunition while walking his dog, as he claimed, and then forgot about it, but he noted that the defendant had no previous convictions. He also referred to the social inquiry report, which said Ebanks had lost his father at an early age and enjoyed a close and loving relationship with his mother, who called him a “caring, honest good son”, making this offence out of character. The judge also spoke of Ebanks’ good school record and that his job had been kept open for him.

He took two years as the starting point for sentencing and reduced that to eighteen months due to all the mitigating factors, then gave Ebanks a one-third discount for his guilty plea, which cut the sentence to time served.

He cautioned him to stay away from all illegal drugs and anyone who has anything to do with illegal firearms. Citing his age, he said, “You have your whole life ahead of you”, noting that Ebanks had been good at football but an injury prevented him playing, so the judge suggested he consider coaching the sport.

He also told Ebanks he should follow his mother’s instruction and guidance. Finally, he said to the young man, “I hope we don’t see each other in court again.”

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Category: Courts, Crime

Comments (20)

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  1. Mr Santacruise says:

    The problem is Whodatis it is not our young people that are degenerating and they are not spoiled either but it is those of mature age who are already mired down in corruption. Keep watching and you will see this play out shortly for the benefit of a few who believe they are above the law.

    • Anonymous says:

      You may be right, but I focus more or preventing the innocent from going down the same corrupted path.

      It is up to grown men and women to sort themselves out..or (hopefully) the justice system will.

      – Who

  2. Papa Doyle says:

    Looks like the wheels of justice no longer spin for some job back and a big pay day shortly the accomplice to the crime of corruption is frequently our own in difference. How truly sad for this little place.

  3. Anonymous says:

    No young Caymanian male simply stumbles upon a gun or ammunition.

    It is disappointing to see many of the related sentences and b.s. explanations being allowed in our courtrooms.

    A zero tolerance approach to these issues must be upheld otherwise we are encouraging and enabling our youths to consider a life of serious crime.

    – Whodatis

    P.S. “Thug life” is played out…and guns are for puss!es.
    Try being a man for once.

  4. Richard Wadd says:

    Last time I checked a firearm without bullets cannot kill (unless maybe used as a club) … but BULLETS can be used to kill without a (convensional) firearm.
    The point is we ned to stop this b¥\\Ꭰ$h!+ about ‘immitation’ this and that … if you have live ammo in a gun that doesn’t work, THAT IS INTENT! If you have live Ammo and no gun, that is unlawful possesion of a deadly weapon. Stop pussy-footing around and give them HARD TIME with no parole and then they will stop this crap, not this ‘slap on the wrist’ bs. This should have been 10 counts of illegal possesion, each with the same sentence as ‘attempted 1st degree murder’, and should be made to run in succession! That will put an end to these wannabe thugs.

  5. Anonymous says:

    Meanwhile, 10 yrs to Jefferson for a broken inoperable gun and similar quantity of ammo, no serious priors, and raising a family, blah blah. There doesn’t seem to be any consistency when it comes to sentencing for serious weapons and ammunition.

    • Anonymous says:

      Difference is dna and a guilty plea from ebanks.

      • Anonymous says:

        Jefferson had no DNA linked to the weapon. They are using a verbal account from an officer (which was not recorded or logged- mind you) and apparently it was found in the room he was staying … I found a skateboard under my bed a few weeks ago, in my room…I have no idea how to flekkin skateboard!!! but it was there… and I didn’t put it there either. Only God knows how long it was there!

        Hold tight Michael. This is not justice.

    • Jotnar says:

      If you actually read the article and the ones about the Jefferson case, you might appreciate that a) there is no statutory minimum for ammunition possession, whereas there is for a firearm, b) whether the firearm is broken and repairable or fully functional makes no difference under the law c) if you plead guilty you get a third off, if you don’t, you don’t.

      Once Jefferson was found guilty – irrespective of whether you think he should have been or not – he was going to get the statutory minimum of 10 years, pure and simple. Entirely consistent with the sentencing guidelines.

  6. Anonymous says:

    What judicial guidelines are the basis for Quin’s variable sentencing decisions? Here’s Quin again: one minute a 10 yr sentence for an accidental eye injury in an arrest scuffle with an officer, and the next moment giving just over a year time served for implausible story of finding multiple rounds of live ammo. Can anyone make sense of this?

    • Knock knock says:

      Exactly HOW is kicking a Police officer in the head and choking him ‘accidental’?
      Perhaps someone could ‘accidentally’ kick you in the head a few times … it might knock some sense into you.

    • Jotnar says:

      Not you obviously. Consider: the “accidental” injury you refer to was an improved assault on a police officer doing his duty, the “scuffle” involving the defendant stamping on the policeman and then trying to throttle him even though he was on the ground by that point. You make it sound Ike he bumped into him in the aisle at Fosters! And he handed a basic sentence for 2 years for amunition possession in the absence of any statutory minimum and following a precedent of 3 months awarded by another judge.

      Difficult to work out if you are a hawk or a dove in sentencing since you seem to be taking opposite positions – judge is too tough on a violent crime and too lenient on a possession charge. Perhaps you are just a complete prat, have no knowledge of sentencing procedures or have it in for Justice Quin?

  7. Anonymous says:

    Should have been a year for every bullet.

  8. Double Whopper says:

    Michael Jefferson didn’t have a Bahamian drug trafficker in his house to blame so he get the big 10 AAAAH boy so it ago bwoy!

    • Anonymous says:

      Let’s see how long it will be before he trips up. What a miscarriage of lunacy.

      • Elizabeth Daniels says:

        Karma can be a bitch.
        Becareful what rolls off your tongue. Lift the young Caymanian up. We have enough of them in Northward.
        Pray for him and in particular all of young men who are finding themselves in difficulties. We need them. Cayman can not grow without them.
        Prayers going up!!!

      • Anonymous says:

        Oh ah oh yay, Oooh oooh oooh oooh, Yeah ah yeah ah yeah. They can’t keep a good man down, always keep a smile when they want us to frown. Keep the vibes and We should our ground they will never take the crown. Who Jah bless I say no man curse things getting better when they thought it would be worse. Cause we’re so solid as a rock they just can’t stop us now. People will say this and that they can’t stop us now. When they come with their evilness talk We just listen when they talk. Jah is the light to the Dark he just cut and tear the path, they fight me without a Cause trying to make my life hard. The King of Kings and the Lord of Lords give it all reward. Love is all We have to give and I not ashamed looking for the future this lion can’t tame.
        Fr : Me
        To : Mi King

        Ppl waiting on you to fail
        Don’t disappoint Us✊️

    • Jotnar says:

      Exactly – there was no credible alternative offered to who was in possession of the weapon. So he carries the can. And your issue is….

    • Anonymous says:

      Can i get a ten piece with that double whopper


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