April 30, 2013 at 5:56 p.m.
Teens armed with baseball bat, axe and knife 'for protection'
Malik Wilson and Kenwell Pearman, both 16, originally appeared in court in March.
At that hearing, Pearman pleaded guilty to possession of a knife and axe, both with three-and-a-half-inch blades, on Montpelier Road on February 22.
Wilson pleaded guilty to possession of a baseball bat.
The court heard the defendants were stopped on a bike that Pearman was riding and Wilson was a passenger on at 10pm that night.
Officers searched the boys and the bike and found the baseball bat on Wilson.
The knife and axe were found under the seat of the bike.
Both defendants told the officers the weapons were for their protection as they were going to a party and heard there might be a fight.
Today, duty counsel Simone Bean asked for a non-custodial sentence for both defendants, citing their youth and previous good character.
But Senior Magistrate Archibald Warner said with the prevalence of gang violence in Bermuda, both defendants should have known about the penalties that come with carrying bladed articles.
He also said the “draconian” mandatory imprisonment penalties should “dissuade” young men from carrying bladed articles.
Crown counsel Carrington Mahoney recommended probation for both defendants.
Both Pearman and Wilson apologised for “wasting the court’s time”.
But Mr Warner said it wasn’t a waste of time for them to appear.
He said: “I hope that if anything, the time I spent on this matter and what was discussed here would at least have the effect of making you understand the seriousness of this situation because we talk about wasting the court’s time, so it’s not a waste of time, it's an opportunity to make you understand what’s happening.”
Mr Warner said he also hoped the defendant’s understood the severity of probation.
He added: “Don’t you doubt for a moment that this is considered a slap on the wrist because in the appropriate circumstances, this court has no problem imposing the appropriate sentence, draconian or not.”
Pearman’s mom then told the court since the incident was reported in the media, her son was removed from his classes and was due to speak with counselors.
She claimed he has been sitting in the same room for four weeks without seeing anyone.
Wilson’s mom also addressed the court and said the defendant’s could end up on the “stop list” because the US Consulate reads the newspapers and then puts people on a list to refuse entry to the US.
Mr Warner then told her there wasn’t a list, per say.
Sentencing Pearman and Wilson, Mr Warner gave them both conditional discharges for two years with probation.
Both men will be on probation for two years as well as adhere to a curfew and submit to drug testing and be assessed for suitable programmes deemed necessary including anger management.
Pearman must also be assessed for the violent offender’s programme.
They must also have no contact or associate with each other.
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