Teenager gets community service for role in attempted phone robbery

POSTED: 06/21/12 12:59 PM

St. Maarten – A conditional 9 month prison sentence, 3 years of probation and 150 hours of community service; that was the punishment for Raymison Railey Prescott in the Court in First Instance yesterday for his role in an attempted robbery on March 23.

The 20-year-old defendant denied everything to Judge mr. Monique Keppels yesterday, but that did little to change the facts. On the morning of March 23, Prescott was on the Sucker Garden Road in the company of Kevin L., of whom prosecutor mr. Manon Ridderbeks said in her demand: “Everybody knows Kevin in Sucker Garden, everybody knows what he does and everybody is fed up with him.”

Their 14-year-old victim was walking on his way to school. According to the report the boy later filed, someone had called out to him to stop, then asked for a dollar, then whether he had credit on his phone and finally for his phone itself. The boy refused all this and kept walking, taking a phone call from his dad in the meantime. After he had finished the call, Prescott and Kevin L. attempted to take the phone away from him.

The robbery failed: first a gypsy cab driver stopped by to tell the robbers to stop harassing the boy and soon afterwards a police car appeared on the scene. Upon seeing the police car, Prescott and Kevin L. fled through the bushes.

The victim told the police that Kevin L. had attempted to take the phone while Prescott was holding him from behind. But the defendant denied he had done this. Instead he claimed that Kevin L. had told him that the boy had his brother’s phone and that he wanted to reclaim it.

Prosecutor Ridderbeks considered the charges proven, based on statement from the victim, the gypsy cab driver and the police officers. “I do not believe that the defendant just stood by and did nothing,” she said.

The prosecutor noted that Prescott has a previous conviction from last year for attempted burglary: 68 days conditional and 3 years of probation. “On the other hand, this is an 18-year-old boy who has a job and he did not play the largest role in this attempted robbery. Considering also that the House of Detention is filled to capacity, I want to give him one more chance.”

The prosecutor demanded a 9 month conditional prison sentence with 3 years of probation and 150 hours of community service.

Attorney Nerissa de la Rosa said that her client denies his involvement. “He was simply in the wrong place at the wrong time. There is no proof and the statement Kevin L. made against him is not credible. And it would not be the first time that a victim makes an incorrect statement to the police.”

Judge Keppels however concluded that the victim’s statement is supported by statements others made independently. “You held the victim and that makes you an accomplice to attempted robbery,” she said. The judge followed the prosecutor’s demand.

 

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