The Nassau Guardian
Life sentence for cop killing
A judge yesterday sentenced Stephen ‘Die’ Stubbs and two other men to life imprisonment for the murder of a policeman, rejecting pleas by the prosecution to impose the death penalty a second time.
Jurors also convicted Stubbs, Andrew ‘Yogi’ Davis and Clinton ‘Russ’ Evans of the attempted murder of Constable Marcian Scott in the March 1999 shooting at the now-closed Club Rock Disco.
Supreme Court Justice Roy Jones sentenced the men to 10 years in prison for that offense. Evans was sentenced to three years for pointing a firearm at two officers who pursued him following the shooting.
The men appeared unfazed at the decision. Family members complained that police denied them access to the sentencing hearing.
At the time of their first conviction, the men received the mandatory death sentence. The appellate court quashed the conviction and sentence and made an order for retrial in 2004.
Due to developments in the law, the death penalty has been discretionary since 2006.
Although a 2011 amendment to the Penal Code defined a life sentence as natural life, the Court of Appeal said recently the sentence still remains uncertain because of the constitutional power of the governor general to grant clemency.
In making their case for the death penalty, prosecutors Vinette Graham-Allen and Ambrose Ambrister relied heavily on a 2011 amendment to the Penal Code, which includes the murder of a policeman as a death-eligible offense.
They also contended that the failure to give the convicts notice of their intention to seek the death penalty immediately after the conviction was not fatal to their application, a procedure that has been sanctioned by the Privy Council.
Jones disagreed on both points, determining that the circumstances of the case did not meet the required standard of the “worst of the worst”.
Constables Jimmy Ambrose and Scott, who were both attached to the Central Detective Unit, were reportedly at the club to conduct “spot checks” and to meet with an informant.
While there, a fight broke out between two groups of men.
After the fight, the convicts allegedly emerged from the club as Ambrose and Scott spoke to two of the men involved in the initial fight.
The convicts, on the evidence, opened fire on the men. Davis caught Ambrose, threw him to the ground, kicked him repeatedly and shot at him.
Evans and Stubbs joined into the fray, kicking and shooting Ambrose, according to the evidence.
Jones agreed with submissions by defense lawyers Murrio Ducille, Ian Cargill and Romona Farquharson that the murder of Ambrose could not be considered the “worst of the worst”.
Jones said, “The argument of the Crown that it is an extreme and exceptional murder by being included in a particular category in the statute is rejected.
“Furthermore, although the deceased was on duty, there is no suggestion in the evidence that he was targeted because he was a policeman in the execution of his duties.”
The men intend to appeal the conviction and sentence.
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