By LAMECH JOHNSON
Tribune Staff Reporter
A JUDGE yesterday sentenced a jitney driver to 12 years in prison for the sexual assault of a girl nearly 40 years his junior.
Walton Bain, who represents 53-year-old Livingston Miller, had asked Justice Vera Watkins to consider probation for the convict, who is the sole provider for his wife and two children.
The judge, however, said probation was not appropriate for the crimes that were allegedly committed by Miller between June 9 and 14, 2014.
“In considering the appropriate sentence to impose on Miller, I am mindful of the fact that his record discloses that he had never been convicted of any offences,” Justice Watkins said.
“I have considered the fact that Miller was a productive member of society in that he was gainfully employed and was the sole supporter of his family. I have also considered the blatant disrespect that Miller displayed towards the complainant and her parents. The act of sexual intercourse took place just a few doors away from where the complainant and her family lived.
“It also took place after Miller had gained the absolute trust of the complainant, her sister, her mother and her father.”
Justice Watkins added that “the complainant was a minor at the time when the offence was committed”.
“The mental anguish that she has had to endure was apparent when she described the act of sexual intercourse. Moreover, she was deprived of the opportunity to decide at a mature age whether or not she would like to yield to Miller’s sexual advances. In other words, she was corrupted before she could mentally handle the effects of having sexual intercourse.
“Miller is a mature person who was convicted of having sexual intercourse with a minor. Taking into account the age of Miller’s victim, the breach of trust which she had reposed in him and the fact that she may have long-term or permanent psychological damage and balancing them against them against the mitigating factors outline above, I find that the aggravating factors far outweigh the mitigating circumstances.”
The judge told Miller that he would serve 12 years at the Department of Correctional Services starting from February 24, the date of conviction.
As he had served a month on remand before receiving bail, a month was retracted from the sentence.
Prosecutors alleged that Miller had anal, oral and vaginal sex with the 13-year-old girl at his apartment at Davis Street, Oakes Field, in June 2014.
Miller denied the allegations and argued that the complaint was a fabrication because of a feud between adults which began because Miller refused to give the victim’s Jamaican mother $3,000.
Miller told the court two weeks ago: “Whether you give me one day or 100 years, I will appeal it. I will keep my head up because I don’t care what the prosecutor says or how they label me, I know I’m innocent.”
Abagail Farrington, who prosecuted the case with Maria Zancolla, suggested the court impose a sentence “which should reflect society’s abhorrence for these type of matters”.