Ten years for gun and ammo possession

| 19/09/2017 | 79 Comments
Cayman News Service

Michael Jefferson

(CNS): Michael Fernandez Jefferson, who was found guilty of possessing an unlicensed firearm and ammunition after a jury trial in July, was sentenced to ten years in prison on Monday by Justice Charles Quin. During the trial the court was told that the police, acting on a search warrant, had found a .38 caliber automatic pistol under a bed in the house he shared with his mother and girlfriend, wrapped in tissue in a ziplock bag, along with two live rounds of ammunition. Experts examined the gun and found it was not in working order because the firing pin has been sawn off.

However, in summing up the case during sentencing, Justice Quin noted that while the gun in that condition posed no imminent danger, information on how to repair the firearm could be accessed on the internet, and the tools and equipment needed could be attained. At the same time, the judge said there was no evidence that Jefferson had any such knowledge of how to fix the gun, or that he had made any inquiries about the procedure or had the necessary tools.

Justice Quin mentioned that Jefferson, who was an auto mechanic, had only a previous minor conviction and no offences for firearms or violence, and he was a law-abiding, hardworking young man and dedicated to this family.

The judge also discussed defence attorney Laurence Aiolfi’s arguments for finding exceptional circumstances to mitigate the sentence, including the inoperability of the weapon, the gun not being used for a criminal purpose, and Jefferson’s good character. During the trial, numerous witnesses came forward to testify on his behalf.

He then recounted crown counsel Nicole Petite’s submissions when she argued against finding exceptional circumstances. She had described a similar case in which those circumstances were found — the defendant pleaded guilty, cooperated with police and the weapon was a replica. Unlike in that case, she said, Jefferson owned the weapon, which could be lethal if repaired, and he had tried to dissociate himself from the gun.

The judge said that the jury had unanimously found the defendant guilty of possessing an unlawful firearm and ammunition. He added that in summing up to the jury at the trial, he told them to ask themselves whether the gun was one where a shot could be discharged or with modification could be used.

Justice Quin concluded that even if he took a “holistic approach” in combining all the possible mitigating factors of the case, they didn’t amount to exceptional circumstances in the meaning of the Firearms Law.

“The protection of the public demands nothing less than imposition of the minimum sentence,” he said. “I cannot do anything other than abide by the law,” the judge added, as he then sentenced Jefferson to ten years in HMP Northward.

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Category: Courts, Crime

Comments (79)

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  1. Anonymous says:

    Bew Hew




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  2. Flying Spaghetti Monster says:

    He made his bed, now lie in it.




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  3. Anonymous says:

    Justice was not served. What about rehabilitation, community service. He will come out worse then when he went in.




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    • Anonymous says:

      Most people are missing the point. What in the hell was he doing with a gun!!! How many of us have a gun in our house …i don’t care whether it was working or not. He had it.

      Stop asking for the police and courts to be hard on criminals and then feel sorry when they do.

      Justice served!!!




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  4. Anonymous says:

    @10:34pm Did you see him cry? I’m sure you didn’t so stfu!!!! & as for thug life, that wasn’t his life style so it’s obvious you know nothing about him.




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  5. Anonymous says:

    Ok so ten years may be a bit harsh under the circumstances but I am sick and tired of hearing “he’s a young Caymanian whose life is ruined blah blah blah”. The Court does not ruin these lives. They make choices and sometimes the bad choices they make cause the consequence they receive. They ruin their own lives. Being a young Caymanian does not mean you should get away with breaking the law. Don’t matter where you come from the law is the law. Anyway, he will appeal, get his sentence reduced and live happily ever after. One other point is that because we keep making excuses and accepting our young Caymanian children bad behaviour, is how we end up with them becoming criminals. Anyone can make mistakes but if parents teach children that wrong is wrong and not explain it away, make excuses for it and minimise it and compare it to other crimes as if one is lesser than the other. The Bible even tells us, there is no big sin or little sin – sin is sin just as crime is crime. So get over it. Stop looking to blame the judicial system and teach our children to make better choices so that when they become men and women, they will continue to do so.




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  6. Anonymous says:

    The firing pin was filed down in order to make it shoot faster, but they obviously did it too much so it doesnt work. Do the time scum bag




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    • Anonymous says:

      Wow!!!! Scumbag huh? Just remember Karma’s a b*tch! I would pay to see you say it to his face or in the presence of one of the many Jefferson’s just to get the pleasure of seeing how that works out for you jack ass.




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  7. Anonymous says:

    Police recived information that he had a gun, they went there and found it how is this so shocking? I guess it was for his mother or girlfriend? People need to wake up




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  8. Anonymous says:

    I am shock and in disgust at the way our systematic Justice system operates in Cayman. I don’t know this individual but to me this is harsh punishment. Ten years??? Are you kidding me??? Number one, a background check was performed and this gun was not even used to commit no unlawful crimes , or murder. This individual should had only been charge for possessing a gun without a license and it should had only been a misdemeanor charge. Cayman a thorough cleansing needs to be done with your juridical system. Murderers and child molesters in Cayman gets away free with murder and hedious crimes, and people who has a clean unlicensed gun is put away for ten or more years is pure F**kery!!!!!! Fixed it!!!!




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    • Anonymous says:

      5:23am…..this is REAL punishment! Not the slap them on the wrist BS Cayman has been under for so many years. I hope and pray you never experience violence from drunk driver hitting you, a stray bullet, personal assault. but if you or your family ever did you would be wishing for this type punishment very quickly! we are a small country and need to rid our society of all these local grown thugs and the imported ones from Jamaica.




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    • Anonymous says:

      He was charged with possession of any unlicensed firearm and the minimum sentence for that is 10 years. The End.




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  9. Open mind says:

    Its what happens when they want to step up there level of thug life. Acting like they full gang banger and now crying like a lil school boy! You rep what you sow. And countless more will keep going to jail! Just wish they offer some kind of cash rewards so they turn on them self giving tips to sell out the next, make it be give info and get 15k cash no questions ask, see how quick the sell out each other and in the process find lot more. Ohh well one less to worry about

    , its funny the family wants us to have petty on them now but why the family who know they are doing it or have them dont stop them! Before we have petty on them try have some petty on all the innocent ppl you would allow them to hurt or scare or rob!




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    • Anonymous says:

      The word is PITY not petty…LOL!! I’m being petty here haha




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    • Anonymous says:

      You should learn how to spell before you try bashing anyone. Lmao! Poor you.




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    • Anonymous says:

      You’re wrong for bringing up his family, I’m absolutely sure they’re looking pity from no one. But if you have an issue with them they’re not incarcerated so maybe you should step up & say what you have to say to them.




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  10. Anonymous says:

    Lol jus do da time, why ppl wana play innocent and gangster at the same time




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  11. Glock nation says:

    Ironically a person recently was released to tend to matters in Florida due to hurricane Irma. Any updates on whether he has returned to face the weapons charges.




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  12. Anonymous says:

    They say if you ain’t being hated on then you ain’t doing something right lol After reading some of the comments then I guess Jefferson must have been doing something right. He is a young independent caymanian, certified auto mechanic, employed by a well known company, had his own business & worked hard for everything he own. I guess if he was a nuisance or menace to society he would have been more appreciated or respected. That’s just how illiterate you all are.




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    • Anonymous says:

      Thank you! I wish some others on here would look at it your way. This was a young man who may or may not have made a mistake which cost him greatly. I wish him nothing but the best when he is released




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    • Collie Buddz says:

      Only in your world….be free…free your mind from hate and negativity they wont exist to you anymore…blind to you…




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  13. Anonymous says:

    OMG! For all those posting the negative & rude comments, Just love the man & keep all the negativity to yourselves. Weren’t you all thought that it’s never good to rejoice on anyone’s downfall because crap can happen to us all? You’re only exposing yourselves as another hater & You all probably don’t even know anything about him or what really happened so who are you to judge? #innocent #freejefferson




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  14. Anonymous says:

    What’s with all the bs comments tho? I swear some of you have some serious issues & if you hate him for not being able to compete with him or if you’re a female who got rejected by him then this isn’t the time to blow off your steam bc this young man has a life, he’s someone’s son, brother & father & I’m sure you all wouldn’t want anyone bashing on you or your loved one if the shoe was on the other foot. For God’s sake have some respect, if not for yourself or him then for his family!!




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  15. Anonymous says:

    As for 8:30 response! Why wait for now to expose it??? You’re just as guilty to watch him do it, IF he did it!!! The shame is bigger on you!!! SMH




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  16. Anonymous says:

    But hold on!!! Apparently his dna wasn’t found on it as well. WTF!!!!




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  17. Anonymous says:

    What I really don’t understand with our justice system is how the minimum for even possessing a unlicensed firearm (which was never used in a crime and is possessed by someone with no prior trouble with firearms) is a 10 year sentence – meanwhile there are other MURDERERS such as Donovan Kellyman who was sentenced for 2 years back in October for killing a woman due to drunk driving / falling asleep at the wheel. The most baffling part is that Donovan is now out and about and posting almost daily on social media – not even 1 year after being sent to prison. However, Michael who is trying to do the best by his family and (as noted in the previous) article didn’t even have evidence of being connected to the gun (no fingerprints or DNA) will now have his life thrown away. How is that justice?




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    • Anonymous says:

      Yes this is a shame because Donovan Kellyman has been out and working daily for quite some time and he will be out in December 2017 after having completed his sentence for taking someone’s life. Not fair and equal sentencing at all.




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    • Anonymous says:

      Also not fair to all the ganja smokers on the Island who without committing any crime save for smoking or possessing weed get longer sentences than Donovan who took a life and also do not get the privilege of being released each day to go to work and earn a living.




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    • Anonymous says:

      The poor woman was out early in the morning getting exercise only to be run over and killed by an old drunken alcohol enraged murderer.




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  18. Really? says:

    Someone help me out here, as I do not understand this story… So this guy tripped over the gun, rendering it inoperable, and in the process sent it flying underneath his bed. When caught, he then came up with the brilliant defence of “me not kno notin'”. Ummh, yea, “u not kno notin alright”. Just like that scumbag lawyer who ran over those poor Americans. He not kno notin’ either. These guys should get an extra 5 years for thinking that we are a bunch of dumba$$es to believe their b.s. Maybe next time they’ll think of a better excuse.




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  19. Anonymous says:

    Now he can think about it6 all for a long time. another Caymanian kid thinking he is above the law.




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    • Ben.UK says:

      @10.16 why don’t you talk about how these american,canadians come here and hide billions of dollars from tax evasion and money laundering isn’t that thinking your above the law as well? He’s wrong for having a gun but don’t act as if your own race doesn’t do some sort of crime whether big or small..




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      • Anonymous says:

        Without those billions from Canada and USA your fore fathers that sold you Country out would not be wealthy. Therefore you would be living on an atoll. Go DART!




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        • Anonymous says:

          We saw people like you come and go back to nothing like you ran from!!!! Asswipe don’t you see it happening here everyday!! Don’t come here with the wrong intention! As much as people like you try to turn this island over it always works the opposite way. Karma is a bitch!




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        • Anonymous says:

          Billions from Canada,? oh please. Most Canadians who come here are poorer than church mouse!




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          • Anonymous says:

            Soooo true! Walking around here with sour clothes, shaggy hair and dirty feet and don’t forget looking free food at happy hour from the bars!!!! And yes I’ve seen them!!!!




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  20. Anonymous says:

    Wow. Ten years? For an inoperable gun? An inoperable gun is not a weapon. Its a paper weight. So he was not found to be plotting a mass shooting or a terrorist attack. He was not found to have used the inoperable gun to commit a holdup. He didn’t intimidate anyone with it. So for simply possessing it, the judge thought it best to not try any type of rehabilitation or non-custodial sentence. Instead, a young guy with only a previous minor conviction will have to spend ten years in prison, which we the tax paying public will have to pay for? Wow.




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    • Cheese Face says:

      Heediot




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      • Anonymous says:

        9:26 It’s about a 10 minute fix to make it operable. The only way to make it truly inoperable is to either cut it up or weld all the working parts together so nothing moves. In any case the Firearms Law also covers parts of firearms like barrels, frames, slides and magazines – there no evidence that any of those had been rendered inoperable. My guess would be he’d obtained the pistol thinking it was a fully working firearm and never got the chance to find out it wasn’t.




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        • Anonymous says:

          9:41 – That is a very compelling rebuttal.
          11:05 – While Jefferson did indeed commit an offense, how does it help the community one iota to send this guy to jail for 10 years? The punishment does not fit the crime. Yes, his story is total crap and he is an criminal for having the gun in the first place. But the justice system is not serving the law abiding public by handing down such a lengthy custodial punishment for a non-violent offense. The guy is only going to become more hardened in prison and he will be far less a candidate for rehabilitation/employment/taking care of himself if and when he is ever released. Meanwhile we foot the $70,000 per year bill to keep him locked up. That’s $70,000 less per year to educate our children and make them more employable. We are shooting ourselves in the foot at every turn!




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        • Jotnar says:

          To say nothing of the fact that the same minimum sentence applies even if its a replica not capable of firing under any circumstances. If you are a gas station attendant with a gun pointed in your face you are not going to ask to inspect the firing pin. OP should ask himself – why would anyone want to have a firearm and 2 rounds of ammunition in their possession, fully knowing the consequences if caught with it.




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    • Anonymous says:

      Relatively certain that he didn’t own it or the bullets to use it as a paperweight…




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    • Kadafe says:

      Many robberies are committed without firing a single shot wether or not the gun is capable of firing a shot or not. i can’t imagine questioning some thug who points a gun in you face for proof that the gun works?




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    • get real! says:

      Stop pretending to be so gullible. You and I know damn well whats up when someone owns a gun….illegally. I grew up around this type. They own illegal guns, remove the firing pin between use and play to our emotions when they get caught. This lil criminal is bad news

      The next 10 years will be good for the safety of these islands with one less criminal on the streets.

      btw what was his previous minor convection? I am sure you will say he is just always in the wrong place huh?!




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    • Anonymous says:

      9:26 your right. he is the weapon and now he is going to jail for ten years




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  21. boobo says:

    my question a few months back a young man got caught with a gun at home just like Jefferson and only got 7 YEARS he who has always been in trouble with the law from shooting after police you go straight down and Jefferson who is a law-abiding gets 10 YEARS!!!!!! WOW WHAT THE [email protected]#K IS THIS LAW DOING ??????




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    • Anonymous says:

      You either want to do away with gun violence or you don’t Maybe the guy that got 7 needed more. All of this is VERY easy to avoid – don’t own a gun. Also, he is not “law-abiding” – he broke the law, was convicted by a jury and got sentenced in accordance with the law.




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    • Anonymous says:

      He got 7 years because he plead guilty. Jefferson took his chance and went to trial – for that if you lose you get 10 years!




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    • Anonymous says:

      30% reduction on the sentence for admitting guilt.




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    • c bush says:

      If you plead guilty it is a 7 year minimum sentence if you plead not guilty go to trial and is then found guilty it is a 10 year minimum sentence.




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  22. Anonymous says:

    If there was a gun under my bed I would know about it… His story is BS.




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  23. Anonymous says:

    i guess he wont be feeding drugs and alcohol to underage girls to have sex with them any time soon.




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    • Anonymous says:

      like most of the biker boy goons anyways…riding around with their cocaine selling it every weekend.




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  24. Anonymous says:

    Finally, Justice.
    Glad to see the judge and jury could see through the bs defense.




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  25. Anonymous says:

    Good and bye, bye. he had a gun in his possession. There are no excuses in Cayman for owning or having an unlicensed fire arm. Michael knew better and but he chose to play gansta instead. Now he can play gansta and think he is above the law with Canover.




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  26. Anonymous says:

    Sounds like the Judge Quin did the whole “My hands are tied, Here is a decade”.What a sit down guy.

    what’s the appeals process?




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    • Anonymous says:

      the law is quite clear and he had no choice.




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      • Anonymous says:

        True story, but law isn’t always based on what is right or wrong.




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        • Anonymous says:

          Just keep telling yourself that. It should give you just enough reason to many stupid things to yourself.




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      • Anonymous says:

        The judge broke the law on finding the defendant guilty of possession of an unlicensed firearm, possession by law is considered custody and control and the firearm by law is supposed to be an object that can project a bullet, rocket,etc, this firearm was proven to be inoperable there for it is not considered a firearm (by law) and the charge should have been dropped to the lesser charge of imitation in which the judge can use exceptional circumstances and discretion, but I guess there is no discretion when it comes to caymanians, good or bad, XXXX




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  27. Anonymous says:

    Good.




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