(CMR) 59-year-old Archie Whittaker appeared before Justice Cheryll Richards today as she handed down a suspended sentence in an incident that occurred over two years ago. The North Side man was found guilty of possession of an imitation firearm with intent to cause harassment, alarm or distress after showing the gun to his neighbor during a dispute.
The incident took place on April 3, 2019 in Old Man Bay where Whittaker and the complainant both lived.
She was a tenant of Whittaker's father and they lived in the same tenancy yard with others. Apparently, Whittaker insisted that she keep her back door and window closed, which she refused to do. They two would argue about this and on several occasions, Whittaker nailed her door and window shut. She reported the matter to the landlord but the offending behavior continued.
On April 3, The complainant returned home to discover that he had nailed wood on her back door and window again. When she attempted to remove the nail a heated verbal exchange ensued. Whittaker went inside of his unit and then came out to her at which time her 11-year-old son said to his mother in Spanish that he had a gun. She saw what appeared to be a gun in his pants.
The police were called and a firearm was located in the kitchen cupboard. The K-9 unit also found a small packet containing a white substance resembling cocaine and vegetable matter. It was revealed that Whittaker was the sole occupant of the residence and when he was interviewed by police he accepted possession but denied that he use it in a threatening manner.
He refused to take a urine sample on April 5, 2019, when he was arrested and was subsequently charged in July 2020. The matter was committed to the Grand Court in October and eventually went to trial in February 2021 where he was found guilty.
During the Friday afternoon sentencing hearing, the prosecution shared that the victim was fearful that he would come into her house at night and harm her. It was revealed that the North Side resident has four spent convictions and has not been in any recent legal trouble. However, the prosecution noted that a custodial sentence was appropriate in light of the fact that Whitaker continues to deny any culpability and expressed no response even after his conviction.
He further noted that although Whittaker did not brandish the weapon at her it was displayed in such a manner to ensure that she saw it and caused her to be fearful. The victim believed that it was a real firearm at the time. However, Whitaker had stated during the trial that he purchased the firearm some 20 years previously was traveling overseas.
The court also heard that Whittaker had past substance abuse issues.
His defense attorney, Oliver Grimwood, argued that the nature of this offense was one of lesser harm and lower culpability. He handed over to the judge and number of reference letters and noted that he accepted there was alarm and distress caused to the victim. He was asking the court for a suspended sentence and noted that Whittaker's community work and low probability of reoffending were mitigating factors.
Grimwood also argued that there would be serious consequences for Mr. Whitaker and that he would in all likelihood lose his current employment. The judge use the UK guidelines and a similar offense of carrying a firearm with intent to set the starting point out one-year imprisonment. However, in the end, she sentenced Whittaker to seven months imprisonment suspended for two years with a probation order.
Whittaker worked in the MP's office in North Side as Minister Jay Ebank's personal assistance. CMR understands he's been on leave since August 30. CMR understands that given his conviction and sentence he will no longer be employed with the elected official.
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