Lawyer suggests three-year sentence for fatal nightclub shooting

Wed, Oct 7th 2015, 11:31 AM

While the Crown and defense agreed yesterday that Cordero Finley contributed to his own death, they differed on how long his killer should spend in prison.

Elshaddai Ferguson, 23, was convicted in May of the shooting death of Finley, a relative of murdered gang leader Julian "Heads" Collie, at the now-closed Baller's Club on East Bay Street and Mackey Street on May 29, 2012. Collie named Ferguson as the person who shot Finley between the eyes. Collie, the reputed leader of the Nassau Village-based Fire N Theft gang, was murdered in April 2013. However, his statement was entered into evidence under Section 66 of the Evidence Act.

At a sentencing hearing before Justice Carolita Bethell, attorney Lessiah Rolle said that Collie acknowledged that Finley "burst through the crowd with a gun in his hand". Rolle said, "But for his actions, the incident would have never happened." Ferguson was also injured in the incident, receiving a gunshot wound to the leg.

Rolle said the jury's acquittal for murder and conviction for murder demonstrated that they accepted that there was "gross provocation". Rolle suggested that Ferguson be sentenced to no more than three years in prison. He said that Ferguson was reared in a home with Christian principles and attended Mount Tabor Baptist Church most of his life. By contrast, prosecutor Cordell Frazier said that a sentence in the range of 18 to 35 years as set out by the Court of Appeal was appropriate.

She noted that the Court of Appeal had increased the five-year sentence of Raphael Neymour, who was convicted of manslaughter, to 20 years.

Frazier, however, asked the court to give weight to Finley's actions as described by Collie.

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