$3,000 Fine For DUI, Assaulting Police

November 14, 2011

25-year-old guest worker Matthew Marshall this morning [Nov.14] pleaded guilty to one count of driving whilst impaired, and two counts of assaulting police; and was fined a total $3,000.

DPP Prosecutor Carrington Mahoney told Senior Magistrate Archie Warner that on 12th November 2011, on Frog Lane in Devonshire during the Rugby Classic games, Mr Marshall was seen on the sidewalk by patrolling police with cycle keys in his hand.

On questioning him he replied that he was looking for his bike. Police believed him to be too drunk to ride and advised him that he should take a taxi.

Shortly after this encounter, Mr Marshall was seen riding a motorcycle and was finally stopped near the junction of Tee Street and Middle Road. When he was finally stopped, Mr Marshall lost his balance, fell over, and had difficulty standing.

Arrested and taken to Hamilton Police Station and once inside the Station, Mr Marsall became aggressive and assaulted Police, causing some injury to Police who were dealing with him.

Police used a Taser strike to subdue him, after which he was kept in Police custody until his appearance this morning.

Mr Marshall provided a reference from his employer and lawyer Peter Farge pointed out that his status as a person on a Work Permit might be jeopardized if he was incarcerated.

During the sentencing phase, Magistrate Warner commented that the offence of assaulting the Police in the circumstances described might easily attract a custodial sentence. The Magistrate then levied fines of $1,000 each on the three charges; and disqualified Marshall from driving all vehicles for twelve months.

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Comments (35)

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  1. same old same old says:

    The vast majority of Black Bermudians go to jail for this type of behavior.. Are jails only for the black race in Bermuda..

  2. Kim Smith says:

    It might be argued that this was a case of entrapment… given that police knew that he was planning to ride his bike, and that he was intoxicated… although I am in no way trying to suggest that by being stopped actually riding the bike he was not guilty of DUI. It’s just that I think the police could have handled the situation differently… and still ended up being able to fine him for assault.

    • March Hare says:

      With respect that is a ridiculous suggestion. It says the officer saw him with keys and told him not to ride. The officer cannot take the keys off him. That the police were still patrolling the area after the bar at the rugby classic closed is surely normal given the fact that there would be a large number of people on the street at the same time.
      They subsequently saw the same man on his bike and arrested him. I say he had fair warning.

    • enough says:

      Care to share how you would have dealt with the situation?

    • Oh well says:

      Entrapment?!?!? Are you fn serious?? If you read the article you would have seen that the police talked to him on Frog Lane and he was stopped on Middle Rd by Tee Street. If they were so intent on catching him in the act why did they wait so long to do it? The offence was complete the minute he sits on the bike! Entrapment would have been the case if the police walked him to his bike, allowed him to ride then pull him over and locked him up. Life is about choices the police gave the man option and he choose to ride his cycle. He commits no offence in itself just walking down the street. So the police did what they could. Police didnt have to tell him anything, they could have just watched and waited til he got on the bike. but then you’ll be on here saying they should have stopped him before. This is just another case where by the police can do no right by you. You probably are one of those who think PLP do no wrong either. SMH…

  3. deshawn says:

    Don’t matter if you’re black, white or any colour of the rainbow – heshould have been jailed and his permit revoked. Stay within the law or go home!

  4. Watcher says:

    Same old, what Bermuda have you been living in recentley. These kind of attacks on the offciers who are looking out for our safety are regularly only punished with a slap on the wrist fine, black, white, ex-pat or onion this is a lack of judicial severity not a race issue!!!

  5. Legal Reasons? says:

    “Mr Marshall provided a reference from his employer and lawyer Peter Farge pointed out that his status as a person on a Work Permit might be jeopardized if he was incarcerated.”

    The employer supported its employee?!? 25-yo only, he can’t be a key employee… Immigration should force the employer to replace him by a Bermudian and send Mr Marshall packing home!

    Signed: an ex-pat myself.

  6. Lol says:

    No jail time is bull$h*t! Warner woulda sent me jail

      • Ride says:

        Resisting arrest is not equivalent to assaulting a police officer. Those individuals resisted arrest. They did not assault a police officer to the point of needing to be tasered.

        • Mad Dawg says:

          In the first example the woman was found guilty of resisting arrest after racing away from police and struggling to escape from handcuffs. There was no sentence at all for that conviction. In the second case a youth who was brawling violently resisted arrest, and caused an officer to be injured. Yet he was not even charged with assault. I would argue based on these examples that it is actually the expat who was treated more harshly. It appears that Bermudians doing similar things are not even charged with assault, just resisting arrest. The expat had the more serious charge and a bigger fine.
          It is completely untrue, based on these cases, to say that Bermudians are treated more harshly than expats in similar situations.

          • Big Bad Wolf says:

            @ Mad Dawg: Well put son… The judge did the right thing by putting a hole in his pocket… After all that can go towards feeding the unemployed…

            • Little Red Riding Da Hood says:

              Judgement has been handed down by the courts. He’s now free to roam our streets in a drunken stupor on Fridays & maybe ride his cycle while disqualified. DUI convictions in our courts should result confiscation and forfeiture of the vehicle. $3,000 fine to a Software Developer/ Computer Programmer at an exempt company – just a minor bump in the road. http://www.royalgazette.com/article/20110830/BUSINESS07/708309940
              Is this the type of guest worker we wish have in our country especially when his permit comes up for renewal? Assault & DUI = No revocation of work permit?? And there are calls for 10 year permits for non key employees! Sorry! NO!! Go home; you’re just adding to the clogging of the court systems.

              • Bad news bear says:

                There are Bermudians displaying this type of behaviour all the time yet you seem to have no issue with them doing it.

        • Unbiased says:

          “Mr Marsall became aggressive and assaulted Police, causing some injury to Police who were dealing with him.”

          Just read the article; unless you were present during the incident, I’d say that you are in no position to argue the information presented.

        • Unbiased says:

          “Mr Marsall became aggressive and assaulted Police, causing some injury to Police who were dealing with him.”

          Just read the article; unless you were present during the incident, I’d say that you are in no position to argue the information presented.

    • John says:

      Orbis must be proud

  7. Legal Reasons? says:

    he has a PUBLIC profile on LinkedIn.

  8. Street Business says:

    As usual a Guest Worker has his wrist slapped by a straw. Why should we be surprised by this. As a Bermudian we should already know that we are to be second class people to these “Guest Workers”. They can do and say as they please.

    If a Bermudian was caught acting and doing the same thing his a$$ is going West Gate.

  9. tricks are for kids.. says:

    Guest worker you say???? Well I’ll say he’s “worn out” his welcome!!!!!!
    Just a fine and an okay johnny don;t do that again!!!!!!!!! Well I Never!!

  10. Real says:

    So! Just a question. The officers thought he was too drunk to ride. Should they then allow him to get on a bike and kill someone first before they did anything? And just for the record I was in court the other day when a man from Devils Hole was convicted for punching a police officer and was sentenced to 1 month in jail. Just wondering.

    • enough says:

      No, the officers saw him with keys, were pro active, told him to get taxi….there’s a gazillion folks stumbling out of that venue so I’m sure they didn’t hang around to baby sit him into a cab. Herding cats for a couple of cops trying to stop hundreds of drunk people riding bikes.
      I think they did everything they could. They can’t take his keys, they can’t force him into a cab, they can’t touch him at all unless he’s sooooo drunk as to be incapable.
      Just the usual; damned if you do, damned if you don’t attitude against the police on his island.
      Tiresome.
      Where’s personal responsibility gone?

  11. same old same old says:

    giving the birdie, and resisting arrest is not the same as having to be tasered because one is out of control..

  12. Guest Who? says:

    I’m a guest worker and feel obligated to live by the same rules as any other person in Bermuda.I hold myself responsible to act within the same standards and laws as I would in my home country.If I was arrested for drink driving and assulting a police officer I would not get off with simply a fine.I would be charged with a very serious offence and I could be incarcerated for up to 5 years.
    It is certain this man committed the crime.He was found guilty and fined he should have his work permit revoked and asked to leave immediately.
    He could have killed himself or even worse an innocent bystander.

  13. k says:

    And there is always taxis sitting outside the police club waiting to take them home !!!!

  14. nigel young says:

    Hey, everyone makes mistakes when they are young and trust me that this guy is going to learn his lesson. I hope his employers treat him with the same amount of leniancy. Everyone deserves a second chance.

  15. Hello Bermuda,

    Its great to be a EX-PAT in Bermuda you can do what you like and nothing will happen to you!!! I can hear the drum’s can you?

    It has started Bermudian’s are findly done with eating dirt!!!
    BOO,BOO OUT GOES THE LIGHT!! It’s time to take back are BERMUDA!!!!!