Our Brother, Shemaiah (Sham), was killed by a reckless driver on the night of May 2nd, 2021. He was riding his motorbike on the North-West Point when a car going at a high speed veered onto Sham’s side of the road and collided with his bike, throwing him backward a number of feet. Sham sustained fatal injuries and was pronounced dead at the scene. During the investigation, it was revealed that the driver, Jordan Telford, was coming from the Macabuca restaurant after having some drinks and was texting and driving while heading home.  When interviewed under caution, Telford denies that he was texting and driving and that he did not remember what happened. It was only when he was confronted with the proof from his phone records he then admitted to texting and driving. When shown photos of his car straddling the line coming from the restaurant he divulged that "he always drives like that as that road is never busy at that time of night".  So this means that he chose to recklessly drive, Telford took our brother’s life and what is hurtful is that he is only sentenced to 4 years and 6 months when the maximum sentence is apparently 10 years.  He also provided documentation to the police showing that he had car insurance but during the trial, it was revealed that he was actually driving without insurance for almost a year and was not covered by insurance and no other charges were brought forward to address this. 

In sentencing, the Judge in Case noted the claims that Telford was remorseful and due to his claim of a rough childhood and ADHD she took 6 months off of her original 5-year sentence. Our family cannot accept this because not once has Telford apologized to us or made any statement known to us where is sorry for what he has done. Additionally, a lot of people can claim a rough upbringing and an ADHD diagnosis that has impacted their mental health, but that is no excuse for choosing to disregard the traffic laws. In this case, Telford was texting and driving drive while under the influence of alcohol while taking ADHD medication (which has the ability to increase the effects of alcohol even though he was just under the legal limit at that time for alcohol). He has had multiple past traffic offenses,  including reckless driving and driving without insurance and was also charged only 15 days prior to the accident for texting and driving, showing that he has a blatant disregard for the law but this time it resulted in him taking a precious life. The Judge in case considered what the trauma of accident did to him when she further reduced his sentence, but what about the trauma and mental health of Sham’s kids who suddenly lost their father due to someone's choice to text and drive and the trauma that his family has to endure.  Sham’s kids will forever be without their dad and the person who killed him will most likely not even serve his already reduced sentence of  55 months in prison and can carry on with his life.  The Judge in Case should have given a sentence of 10 years at least.  People who have done far less are serving longer sentences than him.  There are reports of people serving 11 years and more for drugs and other charges without taking a life. Our brother was 30 years old, Telford should at least serve 30 years to make up for the life he took if he is unable to pay compensation and child support, The justice system is broken.

 This Petition is not only for Sham’s case but for the other incidents where lives have been taken due to inconsiderate people.  The Justice System need to stop letting the offenders get off just because they do not currently have a job or insurance to compensate for the damages they have caused especially when they choose to disregard the law.  If a life is taken from someone’s actions of gross negligence and disregard to the laws, they should be held accountable for that life and made to contribute financially to the lives of the victims children.  Jurisdictions in the USA such as Texas and Tennessee have passed Bills/laws where persons who have caused a wrongful death from an accident from reckless driving including drunk driving are made to pay victim’s children child support. Therefore, we cannot see why the Cayman Islands cannot do the same. Having a similar law in Cayman would assist in the following:

·         Supporting the victim’s children: Children who have lost a parent due to negligence should not suffer further due to financial instability. Ensuring child maintenance would help provide them with a stable upbringing and educational opportunities

·         Holding the offenders accountable for their actions: offenders should not escape the responsibility of providing for the children of the victims. This measure would encourage them to understand the consequences of their actions and to fulfill their obligations even after conviction

·         Promoting social justice: By establishing this provision, we would be taking a step towards rectifying the financial disparities that arise from such tragic events. This would contribute to a more equitable and just society.

·         Preventing future neglience: The potential financial impact of child maintenance could serve as a deterrent for individuals who might otherwise act negligently without fully comprehending the potential consequences.

Although we have brought this motion to our Government in 2022, there has been no headway on getting it passed.  Please help to raise awareness with us so that we can take a step in getting these laws passed so the victim’s children in situations like this are not left to suffer like Sham’s. This cannot continue, Change needs to happen.