Firearm charges against family members withdrawn after one pleads guilty

Fri, Feb 12th 2016, 08:38 PM

A family of four was arraigned on Friday in the Freeport Magistrate’s Court on firearm, ammunition and drug possession charges. However, the charges were withdrawn against three members of the family after one pleaded guilty.

Kyle Finlay, 28, of South Bahamia, along with three family members, appeared before Magistrate Charlton Smith in Court Two. They were charged with possession of an unlicenced firearm, and possession of ammunition without being the holder of a certificate, as well as possession of dangerous drugs with intent to supply.

It is alleged that on February 9, at Freeport, Grand Bahama, a black .9mm pistol, four .38 rounds of ammunition, one .45 bullet and four ounces of Indian Hemp were found at their residence in South Bahamia. Finlay pleaded guilty to the charges, which were subsequently dropped against the three others.

Attorney Carlson Shurland, who represented the family in court, vented his frustration and disapproval of the police for “parading” an entire family, whom he said are presumed innocent, on camera.

“It is destroying lives,” he said. “If you have someone who admits . . . why could you bring a whole family?”

Mr. Shurland claims that policemen are “taking shortcuts and putting pressure on people and expose people to all types of ridicule.”

In his mitigating plea, Mr. Shurland said that Finlay and his family are “decent persons”. He also pointed out that he had no prior antecedents, is a father, and is gainfully employed.

“The gun and ammunition was found under his bed and it might be there for home security reasons, and there was only four bullets,” the attorney told the court.

Mr. Shurland asked the judge to consider imposing a fine for the ammunition charge. He also asked the court to take note that Finlay had pleaded guilty and spared the court going through a trial process. Mr. Shurland asked for one-year imprisonment on the gun charge and a conditional discharge on the charge of possession of drugs with intent to supply. The penalty for gun possession alone is five years.

Magistrate Smith took into consideration the early plea and that the fact there was no antecedents, but told Mr. Shurland that the aggravating factors were the firearm and drugs.

“The proliferation of firearms and drugs has an impact on the community,” Mr. Smith said.

He sentenced Finlay to 30 months imprisonment on the firearm and ammunition charges, and 12 months on the drugs. The sentences are to run concurrently.

BY DENISE MAYCOCK

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