The prosecution wants “hit man” Gabriel Shando Hayde to get a whole life sentence or a consecutive jail term for his second murder conviction.
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However, his counsel says the fact that Hayde will be 73 before he is eligible for release is enough punishment and there is no need for any further incarceration.
These were the submissions made when the killer reappeared in the No. 3 Supreme Court on Friday.
Hayde, 30, alias “Sheriff”, of Colleton Land, St John, had been found guilty of murdering Roger “Bubbla” Moore, 32, formerly of Bath Land, St John, on August 18, 2020.
Life imprisonment
Two Fridays ago he was sentenced, by Justice Laurie-Ann Smith-Bovell in the No. 4 Supreme Court, to life imprisonment with a tariff of over 42 years after deductions, for murdering Kerwin Howell on February 16, 2020, six months before he gunned down Moore on August 18.
“I’m sorry the young man lost his life the way he did but I continue to maintain my innocence. I was never present,” were Hayde’s last words on Friday.
Deputy Director of Public Prosecutions Krystal Delaney, who prosecuted in association with Senior State Counsel Anastacia McMeo-Boyce, described the killing of Moore as “callous, cold-blooded and unprovoked”.
“It could only be described as a hit. The deceased was shot three times – twice in his chest and once in his face,” she said.
“We just heard he had that murder committed in February. This murder was committed in August, just months apart. This man killed two people. Both murders were with the use of a gun.”
Delaney, who pointed out that the murder took place in the presence of bystanders, including children, said 40 years was an appropriate starting point, but argued it should be uplifted to life in prison, given the significant aggravating factors.
“This case calls for a whole life sentence, not one with a tariff,” she stressed.
The prosecutor added that Hayde’s second murder conviction was also an appropriate case for the imposition of a consecutive sentence.
“A message must be sent, not just to [Hayde], but to the general population.”
Premeditated
Attorney Safiya Moore, who represented Hayde in association with attorney Michael Rivera, agreed that the offence was premeditated.
“The lone mitigating factor was that nobody else was physically injured and there was an attempt to prevent physical injury to one of the witnesses,” she said.
Moore added it “was conceded” that a second murder conviction “must weigh heavily on the court’s mind, but I don’t think he is beyond rehabilitation.
“He is the first person being sentenced who is already serving life in prison with a tariff. At the minimum, he does not face the possibility of parole before the age of 73,” counsel noted.
“We’re asking the court to consider that Mr Hayde has had a 48-year sentence imposed and that is already a whole life sentence. There is no need to impose a whole life sentence.”
Justice Carlisle Greaves later noted Hayde’s case was a “novel situation in this jurisdiction in which the issues for the first time are being raised”.
“I think it is of sufficient importance that I should reduce my sentence to writing so it would be ready jurisprudence. This one is going to be of importance because we have a lot of similar cases that are going to be coming up this year or next year,” he added.
He adjourned Hayde’s sentencing until Friday. (HLE)