‘Whole life’ for ATM murderer

Justice Carlisle Greaves told Kishon Lemar Anderson Thomas he has to spend no fewer than 36 years before he can be considered for release from prison.

In fear

“There are thousands of Barbadians and other residents and visitors who visit ATMs at all times, including night, to transact business. They should not be in fear that those who choose the path of entitlement should be stalking, scaring, robbing or killing them.

“The State has an interest, and it is in the public interest that he should be kept away from society for a very long time.

“The State has to keep an eye on him because there is the real likelihood he will commit this offence again,” the judge added.

Thomas, now 27, but who was 18 at the time, of Nicholls Road, Seaview, St James, was found guilty, at a previous Session of the Continuous Sittings, of murdering Payne on July 17, 2017.

He was represented by Senior Counsel Andrew Pilgrim and attorney Sian Lange, while Principal State Counsel Neville Watson and Deputy Director of Public Prosecutions Krystal Delaney prosecuted.

“I admit my innocence,” Thomas told the court when asked if he had anything to say before he was sentenced.

Justice Greaves noted that the killer had “no basis” for using a firearm that night.

Life in prison

“But then to cock it was so unnecessary in the circumstances and then to shoot the woman, the only sentence that is reasonable is life in prison,” he told Thomas, adding those were “powerful aggravating circumstances”.

He said he had considered the submissions on sentence by both Pilgrim and Delaney, as well as evidence from Payne’s sister, who gave her victim impact statement yesterday.

He said State’s Counsel had urged him to keep Thomas “until he is too old to run, to shoot, to rob and to kill”.

The judge also referred to Thomas’ presentencing report, in which his mother said he “lacked nothing”.

Privilege

“So well was he taken care of, that his mother even bought him a car. It is often thought that only the deprived and poor commit crime,” Justice Greaves said.

“So, in short, a spoiled child – a man of privilege with a love for adventure. But all of them were concerned about his tendency to associate with people from the Black Rock area.”

The judge said the sole mitigating factor was Thomas’ young age at the time.

“But it is not the old men who are robbing and killing people at ATMs. It is the young people. I am at pains to find any mitigating factors of any degree to erode the aggravating factors in this matter,” he stressed, as he said the “proper tariff” was 40 years.

“This is a very dangerous, manipulative, conniving individual from whom the society must be protected for a long time.”

Justice Greaves noted Thomas had spent 633 days, or about 22 months rounded up to 24 months, on remand. He also gave him 24 months’ credit for the seven-year delay.

He then deducted the four years from the 40-year tariff and ordered Thomas to spend 36 years in jail before he could be eligible for release. (HLE)