The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A JUDGE sentenced a man to 38 years in prison yesterday after calling the fatal shooting of a man at a convenience store as a “premeditated and ruthless act.”

Justice Roy Jones had presided over the murder trial of 23-year-old Clarence Smith, who was found guilty in May of the April 17, 2012 shooting death of ex-convict Khanaochi Knowles at Rock Crusher Road.

The jury could not reach an acceptable verdict for his co-accused Thorne Duncan as he awaits a retrial.

Justice Jones, in sentencing Smith to 38 years, said: “From all of the evidence, the murder of the deceased was a premeditated and ruthless act.”

According to the evidence produced at the trial, Knowles was standing in front of a shop on Rock Crusher Road smoking a cigarette around 8.20pm when two armed men wearing hooded jackets ambushed him.

He was shot 16 times. As Knowles ran into the store and tried to shut the door behind him, his assailants pursued him.

There were no eyewitnesses to the shooting but the incident was captured on the store’s security camera.

After viewing the surveillance footage, Knowles’ girlfriend, Latavia Paul, and Sergeant 2586 Jamaal Evans, identified Smith and Duncan. Ms Paul picked out both men during separate identification parades.

She testified that she had known Duncan for about six years prior to the incident and she had known Smith for a year.

Sgt Evans said he became familiar with both men during his policing duties.

Lawyers Murrio Ducille and Roberto Reckley – representing Smith and Duncan respectively – said the images were not of sufficient clarity to make a positive identification of the suspects.

The jury returned a unanimous guilty verdict for Smith.

In yesterday’s sentencing hearing, Mr Ducille said his client “had his challenges in life”, referring to his client’s past in dealing with Attention Deficit Disorder (ADD).

“And notwithstanding all of that, he’s worked and has been working.”

“As can be seen from the probation report, notwithstanding the two infractions for drugs and a cellphone, he has posed no problem in any serious way to prison authorities.”

The lawyer noted that his client, who has no previous convictions after the Court of Appeal overturned a conviction for attempted murder, “is not beyond rehabilitation” and “from a number of authority cases available, this case would not be the worst of the worst.”

Mr Ducille asked the court to be as lenient as possible on his client who had maintained his innocence of any wrongdoing.

Crown prosecutor Koshina Marshall argued that there were hardly any mitigating factors in favour of the convict that could negate the aggravating circumstances of the case.

“Based on the evidence, he killed the deceased in a convenience store,” Ms Marshall said. “Several shots were fired and the deceased died shortly afterwards.”

“The deceased was also killed with other patrons in that convenience store,” the prosecutor said, stressing that a firearm was used in the commission of the offence.

“And he has not expressed any form of remorse,” Ms Marshall said, arguing that this, and his infractions at the prison since being incarcerated, “shows his propensity for having difficulty with following rules.”

Ms Marshall asked the court to consider imposing a sentence within the range of 30 and 60 years in accordance with sentencing guidelines set out by the Court of Appeal in the murder appeal of Larry Raymond Jones.

Justice Jones, after considering submissions from Crown and counsel for the accused, said he was of the view that Smith “has shown that he has maintained a working life, although he had suffered from Attention Deficit Disorder early in life.”

“So, in balance, the convict has shown no remorse, he maintains his innocence and he’s still a young person and I think I will accept that he can still make a contribution to society.”

“The infractions at the prison are minor, I will say, as they involved no weapons, just a cellphone and marijuana. I’m hoping that he can use this experience to reflect upon what he wants in life.”

“In any event, this accused has been found guilty of a serious crime and from all of the evidence, the murder of the deceased was a premeditated and ruthless act.”

Smith’s sentence is to begin from the date of conviction, May 18, 2015.

It takes into account his time spent on remand.

Smith has the right to appeal the conviction and sentence to the appellate court.