Feeling defeated
Families of crash victims glum after cab driver gets non-custodial sentence
SAVANNA-LA-MAR, Westmoreland — Relatives of victims who died in a taxi operated by 47-year-old Delroy Rodney glumly resigned themselves on Thursday to the fact that he will likely not spend a day behind bars even after pleading guilty to five counts of death by dangerous driving.
For Cleveland Samuels, whose wife Angela and stepson O’Neil Allen perished in the crash, it was merely a continuation of the justice system letting him down.
“We lost one of my daughters two years before my wife [died] and did not even hear when the case was called,” Samuels told the Jamaica Observer outside the Westmoreland Circuit Court.
“It’s actually the same thing again, but the only thing is that this one might be a little bit better because the judge said we can sue the insurance, and things like that… We have to do what we have to do. We just take it as it is,” he said, his voice heavy with defeat.
Sabrina Marshall, whose mother Janet Thompson also died in the November 2023 crash on the Bluefields main road in Westmoreland, was just as glum.
“To be honest, I didn’t really have a lot of faith because I’ve had situations prior to this that ended the same — maybe not an accident, but other incidents. And I’ve seen where persons walk free, even though they are guilty. The verdict is already handed down, and there’s nothing we can do,” she told the Observer.
Marshall said she had hoped an “example” would have been made of Rodney.
“I’m not saying he should have gotten the maximum, but I think he should have gotten some form of prison time, just so that others may know that it shouldn’t be that [they] can just drive recklessly and people lost their lives and they are able to walk free. If he doesn’t do anything within [three] years, it basically means that he walks free. It’s the judge’s decision. We as the family members can’t do anything to change it. But we don’t feel pleased with the verdict today,” she said.
In stark contrast to the still-grieving relatives Dexter Heaven, who has known Rodney since they were children, said justice was served and he is happy that his fellow cabbie will avoid jail time.
“I’m sorry about the grieving family but believe me, we are not careless. It’s just an unfortunate situation. We’re doing this over the years and it is not a route having fatalities with taxi operators,” stated Heaven.
During his appearance in court on Thursday, Rodney was given a non-custodial sentence, prohibited from obtaining and holding a driver’s licence for three years, and fined $3 million in restitution — $500,000 each for the five deceased and the lone survivor.
“To be honest, it is a shock to my family given the fact that five lives were lost. We all know that we all are drivers and many times things do happen, but for a sentence handed down that the driver didn’t get any prison time, I don’t think that sent a good message,” stated Marshall.
Ahead of Supreme Court Justice Courtney Daye handing down his sentence, Rodney had an opportunity to express regret to the victims’ families. He pointed out that he, too, had lost his father in an accident some time ago and he could therefore understand their pain. As he fought back tears he pleaded for sympathy. He told the court the crash was beyond his control.
In explaining his ruling, Justice Daye pointed to Rodney’s clean record before the crash, the fact that he had accepted responsibility, shown what appeared to be genuine remorse, was of good character, and maintained good rapport within his community.
Also presented to the court was a social inquiry report which noted that following the accident Rodney asked gawkers who were taking photos to help him open the doors and assist his passengers. He was reportedly told by bystanders that the passengers were dead. Rodney is a deacon in his church and the report also outlined that some residents from the community had called for a non-custodial sentence, as he was known as a disciplinarian. They said the crash came as a surprise.
One of Rodney’s three sons took the stand in court on Thursday and pleaded for his father, a taxi operator of 20 years whom he described as well-respected by their family and other road users.
Rodney’s lawyer, Lambert Johnson, told Justice Daye that his client was sincere and was ready to make amends in any way possible. He also said that Rodney’s insurance policy would be making payouts.
On November 13, 2023 Rodney was behind the wheels of a vehicle with seven people on board, travelling towards Whitehouse in Westmoreland. The crash occurred on Bluefields main road about 3:30 pm.
Police reported that a vehicle in front of Rodney’s slowed down, he swerved and his Toyota Noah collided with a truck travelling in the opposite direction, then hit a tree.
Three of the occupants of the Noah died on the scene, while the two who were transported to hospital later succumbed to their injuries.
Rodney initially left the scene of the crash but later turned himself in, was arrested and charged.
The fatalities were 15-year-old schoolgirl Lavecia Forrester and her 39-year-old mother Petrina Wallace, O’neil Allen and his 65-year-old mother Angela Samuel of Mount Edgecombe; and 54-year-old McAlpine resident Janet Thompson.