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North Side robbery getaway driver gets two years

North Side robbery getaway driver gets two years

| 31/03/2014 | 1 Comment

(CNS): The man behind the wheel during a police chase after a daylight armed robbery at a North Side supermarket last September will serve two years behind bars for his part in the attempted escape. Although 29-year-old Ian Fernado Ellington had originally been charged with armed robbery, along with three other men, the crown was unable to offer any evidence to support those charges and agreed to accept a plea from him for accessory after the fact when he admitted he had given the robbers a lift. Denying that he was involved in the planning or knew anything about the use of firearms, Ellington claimed only to have given the suspects a ride.

The chase, however, was caught on film by the RCIPS helicopter, which in conjunction with a patrol car following the fleeing culprits, eventually cut the getaway short near Highrock, East End. As the robbers fled, police observed various items being flung out of the speeding car window and when the four men were arrested no weapons were found, although some of the stolen items were recovered.

The cops were able to chase the robbers because the owner of the Chisholm’s Supermarket, one of the victims of the violent hold up, had taken down the getaway vehicle’s registration number, which allowed the police to pick up the car shortly after the robbers fled the scene.

Although two men had entered the store from that car shortly before the robbery took place, Ellington was never identified as one of those men. There was no evidence from the crown that he had touched any of the stolen money or goods from the robbery or that he was directly involved in anything other than the getaway.

Although Justice Charles Quin had expressed earlier concerns about the change in the facts of the case after the crown had previously accused Ellington of being one of the two men who had cased Chisholm’s supermarket before the daylight heist on the afternoon of 23 September, and having also been part of the plan, he was forced to stick to sentencing Ellington for just the single offence. Despite the lesser offence, Justice Quin noted that it was still a serious one.

“One cannot ignore the fact that this was a serious armed robbery,” he said, adding that were it not for the courage and quick actions ofthe 83-year-old victim, the men could have got away with the assistance of Ellington. He pointed out that he must have been immediately aware of the robbery as soon as the two men who had gone inside and held up the store at gunpoint got into his car.

Although the court heard that Ellington had no previous convictions, that the offence was totally out of character for a hard working individual who was also a committed and responsible father to two children under three, and the sole breadwinner for his family, the judge noted that he should have thought about his young family before “engaging in criminal activity and assisting the robbers to get away from the scene”, as he handed down the custodial sentence.

Justice Quin said there was no evidence that Ellington was a reluctant participant in the crime. He also said that Ellington was driving while the other suspects were disposing of the evidence while the car attempted in vain to escape from the chopper and the patrol car.

Starting at three years, the judge cut the sentence to two years as a result of Ellington’s immediate guilty plea once the indictment against him was amended from armed robbery to accessory after the fact.

Courtney Bryan admitted to being one of the two masked men who went into the store to commit the robbery, carrying an imitation weapon. He was sentence to four years. A 16-year-old boy who has admitted being the second man in the robbery has denied having a gun and will face trial on that count next month.

Meanwhile, Odain Ebanks (18), who was originally charged with robbery, has also denied any part in the main crime. He admits to going inside Chisholm’s before the heist but he had nothing to do with the robbery as he went in to buy a patty. Although apprehended in the getaway car, he said he was not involved in the planning and has pleaded guilty to handling stolen goods. As a result of concerns about that issue raised by Justice Charles Quin, Ebanks will be sentenced this week by Justice Alex Henderson.

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Courts find early trial date for teen robbery suspect

Courts find early trial date for teen robbery suspect

| 25/03/2014 | 0 Comments

(CNS): A 16-year-old boy who has admitted playing a part in the robbery of a North Side supermarket last year but who has denied being armed will face trial next month after the courts were able to secure an early date for the teenager, who is currently remanded in custody. The boy, who cannot be named because of his age, is one of four people charged with the high profile case, which attracted considerable attention when the robbers were caught on film by the police helicopter as they were trying to make their escape following the daylight heist. Although all of the suspects have made various admissions, so far just one has been convicted and sentenced.

The teen, who is the youngest of the group, pleaded guilty earlier this year to the robbery and has admitted that he was one of the two masked men who entered Chisholm's store. However, he has denied having a gun. Despite his insistence that he was not armed when he went into the store with 21-year-old Courtney Bryan, who was armed with an imitation hand gun, the crown is pressing ahead with the charge of possession of an imitation firearm.

As a result, the teen will stand trial on that count. However, with the courts backed up for many months, the teenager was originally told he could expect to wait until October this year before his case would be heard but the age of the youngster saw court staff work hard to find an earlier date.

Local defence attorney Irwin Banks, who is representing the youngster, told the court Friday that they had managed to find a window of opportunity to hear his case next month.

Meanwhile, Bryan, who admitted participating in the robbery and having an imitation weapon, was sentenced in January to four years in jail by Justice Charles Quin following his guilty plea. Bryan (21) admitted entering the store where he robbed the 83-year-old owner and her granddaughter of jewellery, a phone, cigarettes and around $300 in cash. However, two other men accused of playing a part in the crime have pleaded guilty to much lesser offences.

Odain Lloyd Ebanks (18) has admitted handling stolen goods and Ian Fernando Ellington (29) to being an accessory after the fact. Ebanks claimed he was in the car with Ellington when he picked up Bryan and the teenager but he knew nothing he said of the crime. He said it was only when the robbers were passing around the stolen cigarettes that he realized what was happening and admitted touching a packet of cigarettes, which he threw out of the speeding car that was being chased by both a police vehicle and the RCIPS helicopter. Ellington also states that he had not played a part in planning the crime other than to picking up the two robbers and giving them a ride.

Ellington is expected to be sentenced on Thursday by Justice Charles Quin, but following that judge’s rejection of a basis of plea accepted by the crown that dropped the charges from robbery to handling stolen goods, Ebanks case will now be heard by Justice Alex Henderson next week.

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Counts reduced in robbery

Counts reduced in robbery

| 12/02/2014 | 0 Comments

(CNS): Two men caught up in the getaway from a robbery of a supermarket in North Side last year have pleaded guilty to much lesser charges than the original counts of robbery and possession of imitation firearms after the crown reviewed the case. Odain Lloyd Ebanks (18) and Ian Fernando Ellington (29) appeared in court Wednesday for sentencing after one of the men admitted handling stolen goods and the other to being an accessory after the fact, as the prosecutor said there was no evidence that they were part of the robbery. Originally, the two men were accused of ‘casing the joint’ before the crime and then waiting to help the robbers' escape but, the court heard, changes in the case resulted in new charges.

Ellington and Ebanks were originally arrested along with Courtney Bryan, who has admitted being the main perpetrator in the armed daylight hold up at Chisholm’s supermarket last September, in which he and a teenager, who cannot be named, stole a phone, jewellery and cigarettes to the value of over $1,400. They escaped in a car that had been seen by the shop owners shortly before the crime, which they considered suspicions and had made a note of the licence plate.

As a result of that quick action the police soon picked up the speeding getaway vehicle on Frank Sound Road and pursued the car with the assistance of the police helicopter.

Ebanks has now admitted entering the store prior to the robbery and purchasing a patty, as well as touching one packet of cigarettes during the chase after the robbers had entered the car he was in as the front passenger when they were picked up by Ellington.

The crown accepted the plea that he had no knowledge of the crime until the robbers entered the car and on realizing the cigarettes he had handled were stolen, he threw them out of the window during the high speed chase. While his lawyer said he accepted that he should not have disposed of the evidence, he did so in panic when he learned how the other men had acquired them.

Meanwhile, Ellington, who admitted picking up the robbers, has denied entering the shop, and with no identification or any other evidence to say he was the second man, the crown accepted the plea that he too was not part of the planning in the crime. They accepted that he had picked up the two robbers as they fled from the supermarket on the afternoon 23 September without any admission of what point Ellington knew about the crime.

As the driver of the vehicle, which was involved in the high speed chase with the police, including a patrol vehicle and the police helicopter, Ellington will still be looking at a harsher penalty than his co-defendant, who has now servedalmost five months in jail on remand on a single count of handling a stolen packet of cigarettes, though the crown claimed it was a more serious offence of handling given the closeness in time and geographical proximity of Ebanks to the crime.

Although his defence attorney admitted that the crime just passed the custody threshold, given his client’s previously completely cleanrecord and a social enquiry report indicating that the crime was utterly out of character for Ellington, he asked for a lenient sentence.

Ellington was described as having a good job in construction and a man who has worked without incident since leaving school at various skilled jobs, including carpentry and more recently tiling. A father and a well-liked previously responsible citizen, whose employers are keen to have him back, the lawyer said Ellington, who was his family’s only breadwinner, was well aware he had let everyone down.

The judge who heard the case raised a number of concerns about the sudden change in charges but after discussions with counsel, stated that he would deliver his sentence ruling next Wednesday afternoon.

Courtney Bryan was given six years in jail, reduced to four for his guilty plea in the case and three years for possession of an imitation weapon to run concurrently, while the youngest member of gang will now face trial. Although the 16 year old, who cannot be named, admitted taking part in the robbery from the time he was arrested, he has denied having a weapon of any kind. The crown has refused to accept a plea just to robbery without the weapon and as a result the youngster will now stand trial on that count.

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Teenager admits robbery, denies having gun

Teenager admits robbery, denies having gun

| 09/02/2014 | 0 Comments

(CNS): A 16 year old boy will now be facing trial later this year in connection with a daylight robbery at Chisholm’s supermarket in North Side last year. The teenager who cannot be named because of his age has admitted that he took part in the hold-up in which he and three other offenders made off with cash, jewellery and cigarettes before being apprehended by the police following a coordinated chase with a patrol car and the police helicopter. However, the boy has denied being armed when he went into the store with Courtney Bryan who was recently jailed for four years his part in the crime having admitted both the robbery and being armed with an imitation gun.

The teen who is being represented by local attorney Irwin Banks had been quick to admit his guilt as far as the robbery was concerned. He admitted to being one of the two men that entered the store and held up the 83 year old owner and her grand-daughter but has been persistent in his denials about being armed.

The crown’s case is that the teen along with Bryan entered and robbed the shop after their accomplices Odain Ebanks and Ian Ellington had first gone in to check out the store both of who were carrying what looked like guns. The four men then fled towards East End but after the shop owner had made a note of the license plate the police were able to pick up the escaping vehicle and quickly arrest the four suspects. During the chase police said several things were thrown from the car windows but no weapons were ever recovered.

Both Ebanks and Ellington have pleaded not guilty and are currently scheduled to be tried in February.

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Troubled teen robber jailed for 2.5 years

Troubled teen robber jailed for 2.5 years

| 23/05/2014 | 8 Comments

(CNS): A teenage boy who was only sixteen years old when he was involved in an armed robbery at a North Side supermarket has been given a two and a half year sentence for his part in the crime by a Grand Court judge. The teenager, who cannot be named because of his age, pleaded guilty to robbery shortly after his arrest and co-operated fully with the police. However, despite being failed by the system, given the severity of the crime the judge would not agree to his attorney’s pleas for a youth probation order. The youngster was a key player in the daylight heist in which four men were originally apprehended following a high profile chase by the police helicopter.

The teen is now the last of the gang involved in the robbery, which took place at the Chisholm’s store in North Side in October last year, to be sentenced. The incident was a terrifying ordeal for the 83 year old owner and her grand-daughter, who were manning the shop when two masked armed men burst in and demanded money. The women were both recently honoured with a community police award as it was their quick thinking which allowed the police to ultimately apprehend the gang.

In what is a now well documented case, the teen entered the store along with Courtney Bryan, who was armed with an imitation hand gun and who is serving four years for his part in the crime, and threatened the two women. They stole jewellery, cigarettes, acell phone and around $300 in cash before making their escape in a get-away car driven by Fernado Ellington, who is serving a two year sentence for his part in the crime. A fourth man, Odain Ebanks, who was also in the car pleaded guilty to handling stolen goods and evaded jail after the crown were unable to prove earlier allegations that he was part of the robbery. 

All four men were arrested after the car was tracked by the police helicopter and police patrol vehicles on the ground as the shop owner had taken down the car’s license plate.

The court heard that the teen, who admitted his guilt on arrest and cooperated with the police, said he was intimidated and cajoled bythe older men into committing the crime.
It was also revealed that the young boy had been woefully failed by the system. Placed in Foster care because his father was abusing drugs, he was then sent to the controversial Alternative Education Centre when he was still young and introduced to ganja at age 13. The young boy was never returned to mainstream education and was sent to Bonaventure but was not provided with the therapeutic and mental health care that he needed. In his ruling justice Charles Quin noted the gaps in the system that have failed him and others.

Given the teen’s clear distrust of that system and the authorities that have failed him, his defence attorney had urged the court not to send his young client to spend more time locked up and now in an adult environment as he said he needed proper treatment.

However, the judge found that the seriousness of the offence, as the teen had played a significant part in what was a terrifying experience for the victims, meant a youth order was not commensurate with the crime. He also noted that the youngster had previous convictions for drugs and assault.

Starting with a four year term, he gave the boy a one third discount for his guilty plea and time served, since he was arrested in September, to be counted.

Justice Quin urged the young man to turn his life around before it was too late and while he acknowledged the difficulties in his life, he said children all over the world are faced with far more difficulties.

Now 17 years old, he was a man and had to take responsibility for his actions but he could still change, the judge said as he advised him to use the next two years in jail to stay away from trouble and drugs. He said he still had the chance to lead a productive life in the future if he turned away from crime, otherwise he would carry on going to Northward.

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Getaway car rider evades jail

Getaway car rider evades jail

| 07/04/2014 | 19 Comments

(CNS): A teenager originally charged with armed robbery was released from jail last week and given a two year probation order, having been convicted of handling stolen goods, despite being apprehended in the getaway vehicle that fled the scene of a robbery. Ordain Lloyd Ebanks was one of four men pursued in a high profile police chase involving the RCIPS helicopter and patrol car following a daylight heist at Chisholm’s supermarket in North Side last September. However, prosecutors went on to drop the armed robbery charges and accepted a plea from the 18-year-old for handling after he admitted touching a packet of cigarettes, which he threw out of car window during the chase.

The plea caused controversy in the court room however, when the original Grand Court judge in the case refused to accept the lesser plea because of previous information supplied by the crown regarding the case as a finding of fact that Ebanks was by no means an innocent by-stander who just happened to get a lift with the robbery getaway driver. Ebanks claimed he only learned about the crime when handed a packet of stolen cigarettes in the vehicle and when he learned they were stolen he threw them out of the car.

During the sentencing of the main protagonist in the daylight hold-up, Courtney Bryan, Justice Charles Quin heard that Ebanks was one of two men who entered the North Side store less than fifteen minutes before the robbery and that he had purchased a patty –  described as “casing the joint” in the judge’s sentencing ruling.

A few weeks later when he was presented with Ebanks’ plea for a far lesser offence and claims that he was no longer being charged with having anything to do with the planning or execution of the armed heist, Justice Quin raised his concerns. The judge pointed out that there could not be two different sets of facts about the same event and took the crown to task over the change. He later made the decision to pass the case to another member of the judiciary as he said he was conflicted over the crown’s renewed position.

As a result it was left to Justice Alex Henderson to deal with the sentencing of the lesser offence, and despite the suspicions he raised about Ebanks’ possible greater involvement, he gave the teenager a two year probations order to include a twelve month curfew between 10pm and 6am. Ebanks had already served six months in HMP Northward on remand. He is now the third person convicted and sentenced in the case, in which four men were arrested.

Bryan, who was considered the ring leader and the man who entered the store and stole cash, jewellery, a phone and cigarettes in what was considered a violent robbery, armed with an imitation handgun, received a four year jail term. Then 29-year-old Ian Fernado Ellington received a two year sentence after he was convicted of accessory after the fact as a result of being the getaway drive.

Although he too had originally been charged with robbery, as the crown suspected he was the second man in the store with Ebanks, prosecutors were later to offer no evidence that he did any more than pick up the robbers without knowing what they had done or being part of the plan.  However, he was at the wheel during the high profile chase, which was recorded on the RCIPS Air Support Unit video.

Just one of the four people arrested now remains to be dealt with and he is the youngest member of the four arrested in East End when the pursuit finally ended. The 16-year-old admitted his part in the robbery following the arrest but has always denied having a gun.

However, the crown is continuing to pursue that case against the youngster and as a result he will face trial later this month on that one count.

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Judge rejects basis of plea

Judge rejects basis of plea

| 19/02/2014 | 0 Comments

(CNS): A Grand Court judge rejected the basis on which a plea was agreed between crown and defence counsel in a robbery case before him Wednesday, pointing out that there cannot be two sets of different facts in the same case. Ordain Lloyd Ebanks, who had been charged with armed robbery at Chisholms supermarket last September had the charges against him reduced to handling stolen goods after the crown said it no longer had evidence that Ebanks was part of the robbery. Although he had entered the shop a short time before and purchased a patty and was later arrested in the getaway car, he denied knowing anything about the crime until he was handed a stolen cigarette packet.

The crown had originally claimed that 18-year-old Ebanks, along with another man, had gone into Chisholms to check things out or, as it was later described, to “case the joint” before the crime was committed, then they had been part of the getaway and therefore had been involved in planning the heist.

It was on that basis that Justice Charles Quin accepted Courtney Bryan's plea last month, the first of the four men arrested and charged in the case, to be sentenced. During the sentencing hearing the court heard admissions that Bryan was one of the two robbers that had held up the store's 83-year-old owner and her granddaughter in broad daylight on 23 September last year.

Based on the submissions made by the crown outlining the facts of the case, the judge had found that the two men who entered the store before the robbery were part of the crime and their “casing of the joint” was an aggravating factor as it had indicated a degree of planning and that the robbers had established that the shop was occupied by just two women.

As a result, Justice Quin had raised his concerns about the crown’s decision to accept a plea from Ebanks that he had no knowledge of the crime until he found himself in a getaway car with the alleged robbers and was then handling stolen cigarettes.

At last week’s sentencing hearing when the submissions were made regarding the now reduced part the crown said Ebanks played, the judge made it clear he was uncomfortable with the deal the crown had made over the plea. When he returned to the case Wednesday 19 February, he said he was rejecting the basis of the plea as there could not be two sets of facts. Justice Quin said evidence needed to be aired to get at the truth of what happened and who played what part in the robbery before pleas could be accepted and an appropriate sentence passed.

With his judgment against Bryan contradicting what the crown now claims are the circumstances of this case, the judge adjourned it for one month to allow lawyers time to prepare arguments, andremanded Ebanks in custody.

Based on legal authorities, the judge explained that he was not obligated to accept a basis of plea merely because the crown and defence had agreed. Justice Quin said any agreement between counsel was subject to the court’s agreement. As a result the lawyers involved will now put forward their legal arguments on the position taken by the judge on 24 March.

It is not clear why the crown had altered their position in the case. Odain Ebanks, Ian Ellington Courtney Bryan and a teenager who cannot be named because of his age were all arrested and charged with the North Side robbery after a high speed chase through the eastern district by an RCIPS patrol vehicle with support from police helicopter.

Bryan and the teen admitted that they were the two men who had entered the store and committed the robbery. Bryan was the first to be sentenced and he received four years as he was considered to be the ring leader. The 16-year-old has also admitted going into the store and committing the robbery with Bryan but has persistently denied having a weapon. As a result he has pleaded guilty to robbery and not guilty to possession of an imitation firearm and is now expected to face trial later this year on that count.

Meanwhile, Ellington, who has pleaded guilty to being an accessory after the fact, having admitted that he picked up the robbers, has denied being the man in the shop with Ebanks when he purchased a patty or knowing anything about the hold-up until after the event. His sentencing hearing was also adjourned and he was also remanded in custody until next month.

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Accused North Side robbers split on guilt

Accused North Side robbers split on guilt

| 21/10/2013 | 0 Comments

(CNS): Two men pleaded not guilty Friday to charges of robbery and possession of an imitation firearm in connection with an armed hold up at Chisholm's Supermarket in North Side last month. The men, who were captured after a police chase directed by the RCIPS helicopter, are accused of stealing jewellery, eleven packs of cigarettes, a cell phone and CI$300 during the stick-up at the local district store. Odain Ebanks and Ian Ellington will face trial in February but their co-defendant Courtney Bryan has pleaded guilty to the robbery and a sentencing hearing has been set for 5 December.  A fourth young man, who is only 16 years old and so cannot be named, has not yet entered a plea relating to his alleged part in the robbery.

The teenager’s defence attorney, Prathna Bodden, said that certain admissions had been made by the juvenile defendant to the police and she now needed to see some documents which had not yet been disclosed before she could proceed any further with her client’s case.

The four men were apprehended by unarmed police following a chase into East End after their getaway car was picked up by the helicopter and a district patrol car went in pursuit of the vehicle. The men were reportedly armed at the time of the robbery but no weapons were recovered when the police roundedup the four alleged robbers.

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