The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

THE Crown is seeking the maximum penalty of death for murder convict Devaughn 'Short Man' Hall for the "brutal slaying" of an unarmed couple shot to death at their residence in Grand Bahama in 2015.

At Hall's sentencing hearing in the Supreme Court yesterday, Prosecutor Erica Kemp submitted that the manner and impact of the deaths of Barry and Sheena Johnson on the community and their loved ones fall in the category of the "worst of the worst''.

"The lives of a married couple were extinguished; an entire family was wiped out by the convict," Mrs Kemp said.

On the armed robbery charge, the prosecution is seeking 25 years imprisonment.

The crown prosecutor also emphasised that Hall's continual denial of guilt and his lack of remorse for the killings of two persons make him as a "grave danger to society."

"We submit there is no such likelihood of reform," Mrs Kemp said.

Barry and Sheena Johnson were unarmed and posed no threat to the convict and three others who robbed them at gunpoint at their residence on the evening of September 12, 2015. Autopsies conducted indicated the husband died of a single gunshot to the head and that the wife died of multiple injuries, including a gunshot to a head.

The prosecutor said that Hall - who was the mastermind behind the plan - was motivated by greed as one of the co-accused had testified at the trial that Hall told them they were going to get cash and cocaine.

"The convict went to the home of Barry and Sheena Johnson in Deadman's Reef because they believed drugs and money were to be found, said Mrs Kemp. Mrs Johnson was at home, and the men waited in the bushes until Mr Johnson arrived home around 9.40pm," she said.

The prosecutor pointed out that Mr Johnson was subjected to "prolonged trauma." She said that he was "tortured and tormented" by the convict and the co-accused who were seen in the video footage hitting Mr Johnson in the head, kicking him, and the convict pointing a gun in his face.

"The victim was mentally and physically tortured because he did not know at what point death would come; he must have been tormented.

"He was humiliated as he was on his knees. Sheena Johnson was praying," she said.

While outlining mitigating and aggravating factors, she indicated these far outweigh the mitigating factors.

Although Hall is aged 25 with no prior convictions and he was gainfully employed at the time of the offence, Ms Kemp said that two unarmed persons were murdered and shot in the head.

Education

She said that both individuals were contributing members of society. Mrs Johnson was a school teacher in her community who helped with the education of young people, and Mr Johnson was a supervisor at the container port, took care of his mother, and was a mentor and father figure to his nieces and nephews.

She also referred to the findings in the probation report and psychiatric reports. She noted that Hall's father, Arthur Henfield, stated that he was not shocked at his son's predicament and that he deserves whatever he gets for his involvement in the offence. She also noted that Psychiatrist Dr John Dillet, who conducted a mental status evaluation, found that Hall does not have any psychiatric disorder and there is no evidence of a cognitive defect or psychiatric illness.

"We say we are seeking the maximum penalty of death. If the court is satisfied that death is not warranted, he should get a sentence of imprisonment for life," Mrs Kemp submitted.

"The brutal slaying of two people, the manner of killing in both, are reasons that indicate that the convict deliberately and cold-bloodedly intended to end those lives," she said.

Mrs Kemp said that the present case falls under Penal Code Chapter 84, (that may be cited as the Penal Code (Amendment) Act, 2011) Section 290 Subsection 2(c) that any murder committed in the course of armed robbery, and paragraph (d) the murder of more than one person, attracts the death penalty.

"We have satisfied the law," she said.

Jethlyn Burrows, who represents Hall, told the court that the defence was not satisfied that the Crown had provided sufficient reasoning for imposing the extreme penalty of death.

"We submitted that the two murders are not among the worst of the worse," Ms Burrows said.

"To impose death is harsh and would very likely be overturned on appeal given the clear pattern in recent years of appeal cases in the Court of Appeal," she noted, citing a few of the cases.

Employed

In her mitigation, Burrows also noted in addition to Hall's age and no prior convictions, and being gainfully employed, he was also the father of two young children.

Hall's lawyer also submitted that the Crown had failed to provide a single Bahamian authority where the death penalty was recently imposed after an appeal.

She noted anyone convicted of murders by shooting their victims to death, in all instances the defendants appealed in the Court of Appeal or Privy Council.

"In the last 15 years in the Court of Appeal a clear pattern has emerged where defendants had their death penalty substituted for life imprisonment," she said.

Mrs Burrows further submitted there is no reason to assume her client is incapable of rehabilitation.

"Not being remorseful is not an indication of not being able to be rehabilitated," she added.

She submitted that a sentence of 30-40 years on each of the two murder counts to run concurrently.

"We note that two lives were taken, but it is as one action," Mrs Burrows said.

On the armed robbery count, she suggested a sentence of 15 years was a sufficient penalty.

Justice Estelle Gray Evans will pass her sentence at 2.30pm on Monday.