ATTORNEYS for reputed kingpin of the Westmoreland-based King Valley Gang Derval “Lukie” Williams and his sidekick Christon Grant — who were in July found guilty of conspiring, via cellular phones, to murder a Crown witness while behind bars — are arguing that based on the law, the men, who have spent four years awaiting trial, should not be sentenced to more than two years.

The two are among three former alleged King Valley Gang members who had remained behind bars in relation to other crimes after being freed by Chief Justice Bryan Sykes in July 2020 when the gang trial collapsed.

According to evidence led by the Crown during the trial, a mere month before the chief justice’s ruling, correctional officers, during searches of the cells occupied by Williams and Grant, discovered cellular phones which the men claimed belonged to them.

The phone claimed by Williams was discovered in the ventilation area at the back of the cell while the handset claimed by Grant was found in the groove beneath a five-gallon water bottle, held in place by a bar of soap. The men were charged under a four-count indictment, with one count each of conspiring to murder and one count each of concealment of a prohibited article.

Last Thursday, attorney- O’Neil Brown, who along with Abina Morris represents the two, in a plea and mitigation address before Supreme Court Judge Justice Carolyn Tie-Powell in the Home Circuit Court in downtown Kingston said the sentence for concealment had pretty much already been served, given the fact that the law prescribes a fine of $1,000 or one year behind bars upon conviction and the men have been in custody for four years since being acquitted in 2020.

Moving to the conspiring to murder counts, Brown said there was not much more to those charges beyond the fact that his clients had a “conversation” in which they made declarations which were never acted upon, given that the witness is still alive, still lives in the community, and is not in protective custody of any sort.

“When one looks at this in the most dispassionate manner, this is a conversation that took place in a sterile environment, it took a decidedly macabre turn and indeed one that cannot be condoned, but for all intents and purposes that’s really what this is, a conversation in which both parties made what would really be properly described as expressions of intent and declarations back and forth,” Brown said.

According to the attorney, “These conversations took place sometime in May 2020 to June 1, 2020. Both accused were in custody awaiting a verdict in relation to a matter for which they were before the court.

The verdict eventually arrived on July 3 when the chief justice acquitted both men.

“In that period between the time of the discussions via cellphones and since, there is no evidence to suggest that anything untoward was visited upon [the Crown witness]; indeed, she gave her evidence [in this case].

“I say this to say that we come back to the conversations which did not progress any further than the conversations… they were in custody and could not stroll out to do it… there is no evidence they contracted a third party to get it done… it was just a conversation,” Brown declared.

Pointing out that the usual starting point in a matter of this kind is five years and the maximum sentence 10 years, Brown said since the men have been in custody for four and a half years, have no previous convictions, and were fairly model citizens — the sole aggravating factor being the plot — “the time one would be looking at would certainly be very short if not diminished, taking into account the factors I’ve just averted to”.

“If the court does not agree with me, it would not be more than two years in my view or in that general region,” Brown stated.

According to the attorney, residents of the Westmoreland community that the men are from have said they have no issues with the two who are business operators.

He said the case was in stark contrast to others, such as the recently concluded Omar Collymore and Everton “Beachy Stout” McDonald matters in which the women plotted against were actually killed.

“This was a discussion that, however badly one may think of it, did not progress beyond that… but for the scourge of bad company they would not be here,” Brown said.

In the meantime, the court was told that Grant had an income of $2.6 million weekly due to the fact that he operates a shop for a gaming venture but only pockets $318,000 weekly after he turns over the company’s portion of the earnings.

Attorney Abina Morris, in making a further bid for the men’s freedom, said Williams is the father of two children and Grant the father of three, the youngest of which he has never met, as she was born while he was in custody.

She said both men “had a very good upbringing” are “remorseful”, and “disappointed with themselves” as they acted “out of character”.

“I believe they have had significant punishment… and can be reformed and rehabilitated. They have learned their lesson,” Morris opined.

The two are to be sentenced later this month.