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by pltm
(PLTM) - Avery Malone, local Fire Officer attached to the BVI Fire and Rescue Services will go down in the history books as he is the first person Senior Magistrate Tamia Richards has ever sentenced and granted that their convictions not be recorded.
In a court appearance last Friday, September 16th, Malone was sentenced in relation to charges of assault on a police, disorderly conduct and being armed with an offensive weapon. He pleaded guilty to the charges in an earlier appearance.
He was sentenced to pay a fine of $500 for assault on police, $250 for disorderly conduct and $250 for being armed with an offensive weapon. He was also required to pay $1000 to the officer who was hurt in the incident.
Prior to the sentencing, Malone’s Attorney, Mr. Michael Maduro requested that the court exercise their right by not recording the convictions of the accused, as he is a man of good character and his actions were driven by retaliation and anger from what had happened to him two days prior.
Magistrate Richards obliged and informed the accused that his convictions will not be recorded.
“I don't ordinarily not record convictions. I understand what you did and I thought those were very extenuating circumstances.”
The Magistrate noted that this is a first for her, as she has never approved for someone's convictions to not be recorded.
Malone’s charges stem from an incident where allegedly, out of a rush of uncontrolled anger and revenge, he attacked another male, who had beat him up badly two days prior.
The details of the matter that were read in an earlier appearance revealed that on April 18th, Malone was badly beaten by a male, who was armed with a steel tip baton. Malone received several blows to the head.
It was noted that Malone suffered severe swelling and bruises to his head, which received approximately 15 stitches. Additionally, he now suffers from severe migraines and had to undergo CT scans.
On April 20th, Malone spotted his attacker while handcuffed and in police custody in the vicinity of Peebles Hospital parking lot and out of anger, he proceeded to attack him.
The court heard that Malone began shouting, “You see what you did to me”, pointing to bandages on his head, as he proceeded to attack the man.
Malone supposedly retrieved an oxygen tank from a nearby ambulance and charged after the man, with intent to hurt him.
Police intervened and freed Malone of the tank and subsequently detained him.
The court also heard that a police was hurt as a result.
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