No jail time… for now
•Cop on bail pending appeal; suspended sentences for 2 others •Mom says she intends to sue the State
SAVANNA-LA-MAR, Westmoreland — Disappointed with the sentence handed down to three cops found guilty of manslaughter in connection with her son Mario Deane’s death, Mercia Fraser on Tuesday said she intends to sue the State.
“I just feel disappointed at the moment. Not that I want them to go to prison or anything but I’m expecting more from the State to say, ‘Yeah, that’s a life. [Mario] wasn’t a bad man or anything. It’s a life and a mistake…’ Growing up in school we get punished for whatever we do wrong, whether we do it right or wrong. I just feel disappointed,” she told the Jamaica Observer outside the court building.
“I can’t tell you much more about that. It’s just a plan to, yes, sue the State,” she said when asked for more details.
Corporal Elaine Stewart, as well as district constables Marlon Grant and Juliana Clevon appeared before the Westmoreland Circuit Court for sentencing Tuesday after being convicted in May of manslaughter and misconduct in a public office. Justice Courtney Daye sentenced Stewart — who had an additional conviction of perverting the course of justice — to five years in jail; however, her lawyer gave notice of appeal. As a result, she was granted bail pending that legal action. Grant and Clevon received suspended sentences for three years.
The sentences came after a marathon summation by Justice Daye which ended after 7:00 pm. Earlier in the day’s proceedings, during the session before lunch, the court was provided with social enquiry and antecedents reports for all three cops, as well as an impact statement from Fraser.
In the social enquiry report Stewart’s colleagues suggested that she can be disagreeable because of her high standards. Grant was described as a respectful, law-abiding, and hard-working individual, and his family appealed to the court for leniency, while Clevon was described as humble and well-mannered.
Meanwhile, the impact statement from Fraser pointed out that her son died at the hands of those who were expected to protect him. She described him as loving and caring, and said he would always assist her and fix things around the house. Fraser also indicated that her only remaining child, who is now suffering from depression, is living in the United States and has been to Jamaica only once since the incident because of the impact it has had on her.
The allegations in the case are that Deane was arrested for possession of a ganja spliff and placed in custody where he was brutally beaten on August 3, 2014. He sustained severe injuries to his brain, which left him in a coma. He died three days later at Cornwall Regional Hospital in St James.
It is alleged that the three cops were on duty at the police station when Deane was beaten by other inmates. It is further alleged that Stewart instructed that the cell in which the attack took place be cleaned before the arrival of investigators from the Independent Commission of Investigations.
Testimonies were heard in the case over 29 days and summation by the Crown, defence lawyers, and Justice Daye over seven days. The case began on March 3 but there were several days of interruption and adjournment because of varying reasons.