Magistrate Khadeen Palmer granted $50,000 signed bail to David Cummings and Lynette Sommersell, both non-nationals because she felt that they have been living in the Virgin Islands in excess of 20 years with no previous convictions and she could see no reason for them to flee the jurisdiction. Photo: VINO

A loaded black and silver 9 mm gun had been found with eight 9 mm rounds of ammunition inside a black Chervolet jeep that defendant Cummings a 44-year-old from Jamaica was driving, while defendant Sommersell a 56-year-old Guyanese was a passenger.

This occurred while police was on mobile patrol along Admin Drive in Road Town, Tortola during the electricity blackout on November 3, 2021, at about 1.30 am.

Suspicious vehicle pulled over

The officers noticed that the vehicle was driving slowly and it rose their suspicion enough to signal for the driver to stop; however, the driver did not immediately stop.

A search was conducted of Mr Cummings but nothing illegal was found but when the search moved on to the vehicle and he was asked to witness the search, he attempted to flee and had to be restrained with handcuffs.

The search of the vehicle got underway, and the loaded gun was found in the passenger side area.

The defendants were cautioned, arrested and transported to the Road Town Police Station, and interviewed.

While being interviewed, they denied the allegations put to them.

A search of their respective homes were also carried out by police officers but nothing deemed illegal was found. The defendants were then charged for the offences of unlawful possession of explosives and carrying an unlicensed firearm.

Sommersell entered not guilty pleas to both offences, but Mr Cummings did not plead, because his legal representative, Mr Richard Rowe of Silk Legal was not present.

Bail Conditions

In spite of the objections from the Crown, Defense attorney Stephen R. Daniels said his client, Mrs Sommersell never used a gun, had no knowledge of the gun in the vehicle when she took the ride on that ill-fated night.

He described her as an “innocent party taking a ride” and that she was “a suitable candidate for bail.”

He urged the court to impose reasonable conditions on her as it deems fit.

For Mr Cummings, the Crown also objected to bail because he ran away when his vehicle was being searched.

The Crown also argued that the offence was a serious one.

Nonetheless, the court offered them bail with conditions, such as reporting to the Road Town Police Station three times a week between 6 am to 12 pm (Mondays, Wednesdays and Fridays), that they must give up their travel documents to police and refrain from interfering with the ongoing investigation.

The matter has been pushed to January 24, 2022, for report and plea.