Gumbs had pleaded guilty on February 17, 2012 to the charge of assault occasioning actual bodily harm previously before the court. The defendant was allegedly goaded by his father to commit the crime on the day of the incident.

Senior Magistrate Tamia Richards, in handing down her sentence, highlighted the use of a vehicle in the commission of the crime as an aggravating factor. She felt that the defendant’s young age and guilty plea to the crime were mitigating factors.

She told the defendant he would have to pay a sum of $5,000 or spend an alternative of six months in prison if he failed to pay the fine.

When asked how much of the fine he would be able to pay, the defendant told the court that he was willing to pay $1,000 before the end of the month and the balance in instalments.

Magistrate Richards was not in favour of this proposal and noted that the case had been languishing before her for some time so the defendant should have come prepared to pay part of the fine at yesterday’s hearing.

She stated that a month was too long and indicated that the defendant should have come prepared to either pay part of the fine or to spend some time in prison after pleading guilty.

He cited his recent responsibilities as a new father as a constraint that contributed to the change in circumstances preventing him from making the payment immediately.

After a lengthy period of discussion, Magistrate Richards instructed the defendant that he had one month to pay the entire fine or face imprisonment. 

See previous story posted February 18, 2012:

$70K bail for man who allegedly drove over security guard’s foot!

ROAD TOWN, Tortola, VI – A 22 year-old man, who allegedly drove over the right foot of a security guard in August 2009, was offered bail in the sum of $70,000 with one signed surety and has to report to the Road Town Police Station three days per week when he appeared before Magistrate Tamia Richards yesterday, Friday February 17, 2012.

Kyle Gumbs had pleaded guilty to assault occasioning actual bodily harm and will be sentenced on March 23, 2012.

According to Crown Counsel Valston Graham, on Sunday, August 2, 2009 at around 7:30 p.m., Landa Charles, a security guard working at the Festival Village, stopped Gumbs from entering the ground because his vehicle did not have the pass to be allowed entry.

The court heard that the defendant became upset and began to argue with Charles, and it was then his father Wesley came up and allegedly begun to verbally assault the security officer. Graham further stated Wesley allegedly urged his son “to run her down”.

“Heeding his father’s advice, Kyle drove over the right foot of Ms. Charles and drove away,” Crown Counsel Graham added. Wesley, who also made a court appearance yesterday, was charged with threatening language and has to stand trial on April 10, 2012.

The doctor’s report indicates that Charles suffered soft tissue swelling and tenderness. The Crown also revealed to the court that Charles still suffers from the effects of the injury.

However, Patrick Thompson stated from his instructions the incident was accidental and Kyle never drove over the Virtual Complainant’s (VC) foot at the behest of his father.

Thompson pointed out that the injuries sustained by Charles were minimal, but Crown Counsel Graham argued the use of a vehicle to cause an injury is an aggravating factor.