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Appellate court upholds gun conviction

The Court of Appeal has upheld the conviction of a man who police caught with three guns and 25 rounds of ammunition of various caliber.

Kenton Ferguson was sentenced to five years and eight months in relation to the 2017 seizure of an Austria Glock 9mm pistol, a Springfield .45 pistol, a .40 pistol and ammunition.

Justices of Appeal Jon Isaacs, Stella Crane-Scott and Roy Jones also dismissed Ferguson’s appeal against sentence on the grounds that it was unduly severe. However, the sentence was reduced to five years and one month to reflect the seven months that he had spent on remand pending trial.

According to the evidence, Ferguson was a suspect in an armed robbery at the Sea Grapes Shopping Plaza when police put him under surveillance on May 23, 2017.

The court heard that police saw when Ferguson pulled up to Dontray Russell’s home at Barbados Avenue, Elizabeth Estates, in a rental car and handed him a plastic bag.

Police searched Russell’s home and found the same bag, which contained the weapons and ammunition for each weapon.

In his statement, Russell told police that he had received the bag from Ferguson, who instructed him to “hold it down for him”.

Ferguson was arrested at his home on Australia Avenue, but a search of the residence did not produce anything illegal.

Ferguson denied handing the bag with contraband to Russell.

At the appeal, Ferguson’s lawyer, Barry Sawyer, complained that Chief Magistrate Joyann Ferguson-Pratt did not consider the cases against each man separately.

The court rejected this argument as Russell and Ferguson were not tried together.

Russell pleaded guilty and was sentenced to five years’ imprisonment.

He testified on Ferguson’s behalf at trial. In his testimony, Russell claimed that he implicated Ferguson in his police statement because he was afraid the police would beat him.

Linda Evans appeared for the DPP.

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Artesia Davis

Artesia primarily covers court stories, but she also writes extensively about crime.

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