DPP seeks death penalty for 10-month-old’s killer

Citing the gruesome circumstances surrounding the killings of Toshyna Patterson and her 10-month-old daughter, Sarayah Paulwell, Director of Public Prosecutions (DPP) Paula Llewellyn has called for the death penalty for the alleged trigger man.

David Smith was served with the notice in the Home Circuit Court yesterday.

"This is one of the worst of the worst! In my experience, I've never seen a contract or a hit being put out on a baby... never in 35 years of prosecuting," expressed Llewellyn. "And then burnt? And then you send a picture of the dead bodies to the lady? Never seen it. It is, to me, one of the worst of the worst in terms of the allegations." Smith is charged along with the alleged mastermind Leoda Bradshaw, her cousin Roland Balfour and Bjon Black. Rushane Miller and Richard Brown pleaded guilty to their role in the alleged murder plot and have been sentenced.

Despite the death penalty still being on the books, the last hanging was done in 1988. Llewellyn argued that the death penalty is still permissible under certain provisions of the Offences Against the Person Act.

"It's still on the books. It is still allowed. Once it satisfies any of the particular categories and you're able to prove it, it's still allowed," she asserted. Noting the case of Jeffrey Perry, who was convicted of murdering three of his cousins, all minors, LLewellyn explained that the notices of intention to seek the death penalty, doesn't mean it will be granted.

"But there's a case called Jeffrey Perry that says that once we are going to seek it, then as soon as we are aware, usually when you prefer the indictment would be the best time, you must serve that notice. You can't wait and say, 'Well, based on what you see, what the jury comes back with', you have to serve it at the same time, in effect, that you are indicted at the earliest opportunity," she said.

In October 2022, the DPP had pursued the death penalty for Rushane Barnett, who murdered five of his family members, including four children. However, Barnett received five consecutive life sentences after pleading guilty.

"So once he pleads guilty, then the practice says that you must take that [death penalty] off the table," Llewellyn explained.