(CMR) Marvel Angelita Ebanks appeared in court yesterday morning to be sentenced for causing fear or provocation of violence after Magistrate Angelyn Hernandez previously found her guilty of terrorizing her neighbor for a sustained period of time.
The court heard that this particular incident took place in July 2017 and all attempts were exhausted to avoid an actual trial. However, the end result was that the defendant represented herself at a 7-day summary court trial which the judge found to be a waste of court resources.
Details are that the complainant and the defendant were neighbors and at one point were on friendly terms. However, the relationship soon soured when Ebanks objected to her neighbor smoking in the apartment complex. The ferocious of going harassment led to some 75 police complaints in total number anywhere from 2-3 per day.
The victim expressed her position which included sustained harassment with videotaping and attempts to “smoke her out” of her home with the burning of animal feces. In summing up the court shared that on the day in question burnt oil and rice were found on the hood of the victim's vehicle.
The excessive filming escalated with multiple mobile devices being used and the victim being followed so close that she “could feel her (Ebanks) breath on her”. The victim testified that she felt assaulted and that:
“This woman was driving me insane”
The court found that the victim was clearly frustrated at the constant filming. CMR sources indicate that the filming even occurred in the early morning hours through the complainant's apartment window.
Video evidence presented by the Crown showed Ebanks taunting her neighbor and the court rejected her claims that she was assaulted. Ebanks also claims to be disabled and that she had the victim's permission to record her. Apparently, on a previous occasion, the victim replied with “go ahead and record me”.
She further claimed that she was in fear of her life when the victim retaliated by lifting a broomstick during the incident. The court accepted that this was “done out of frustration”.
The court rejected all of these claims and stated they were not supported by the evidence presented. The court also rejected her defenses of reasonableness, fairness and her constitutional rights.
The court did accept that Ebanks embarked on a vigorous campaign of harassment and the Crown satisfied the requirement to show intent which was a fundamental requirement for the offense.
The defendant was facing a possible three-year sentence but Magistrate Hernandez felt that in the circumstances that is inappropriate at this time. She instead placed the defendant on 12 months probation. The court also accepted that she was not in a position to pay costs. However, Ebanks expressed notice to appeal the decision.
Ebanks has been in court on several other occasions as exclusive CMR sources indicate that she has had numerous landlords issue evition notices against her. A previous landlord expressed to CMR that:
“She was the tenant from hell and I would advise landlords to exercise caution when renting to her. She's not a very nice person and once you get her in she will never leave if not forced out by court order”.
Previous landlord
Ebanks is no stranger to legal issues when in September 2014 the United States Department of Justice shut her down as a Florida tax return preparer when because she:
“allegedly overstated refunds through nonexistent business expenses and inflated deductions and credits.”
She was permanently barred for her dishonest acts in that case from ever preparing federal tax returns for others through her company after the court accepted she prepared income tax returns for people that claimed fictitious business expenses.
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