Speeding driver on cell phone jailed for killing teen cyclist

By Gloridene Hoyte

The man who killed a 13-year-old cyclist while driving and using his cell phone in Orange Hill on May 14, 2023, has been sentenced to 1 year and 11 months in prison.

Justice Rickie Burnett handed down the sentence on Kashaka Holder, 41, of Byera, on Wednesday at the High Court in Kingstown.

Holder pleaded guilty to a charge that, being the driver of motor vehicle HV-112, he caused the death of Dezy Lavia by driving the said vehicle dangerously.

Holder, a former taxi driver who now works in construction, had pleaded with the court not to send him to prison.

However, in addition to sending Holder to prison, Justice Burnett ordered that Holder, whose driver’s license was suspended on the date of the incident, be disqualified from driving for two years after his release from prison.

A social inquiry report said that Holder grieves the incident, has sleepless nights and has never returned to Sandy Bay since.

Holder faced a maximum of seven years in prison.

In handing down his sentence, the judge said he had considered the emotional void that Lavia’s family was left to come to terms with.

The judge said Lavia’s father, Dezroy Lavia, had said he had forgiven the accused but was frustrated with the systemic delays in the conclusion of the case and wanted a fair sentencing as his family still grieves, especially on Mother’s Day.

The judge had summoned Lavia to be present during the sentencing for “some kind of closure” and to understand the sentencing.

Lavia said the length of time it takes the court to dispose of matters is one of the reasons there are so many crimes in St. Vincent and the Grenadines.

He spoke of the temptations to take things into his own hands when he saw Holder walking the streets.

The facts, as summarised by Justice Burnett, are that on May 14, 2023, Lavia, a first-year student at Sandy Bay Secondary School, and five friends were heading towards Georgetown on a casual bicycle ride.

The vehicle that Holder was driving collided with Lavia, who was riding his orange BMX bicycle, around 6 p.m. in the corner below the Orange Hill bridge.

The impact knocked the teen from his bicycle, causing shattering injuries from which he died at the Milton Cato Memorial Hospital at 10:36 p.m. that same day.

An eyewitness told investigators that he was in his bedroom when he saw Holder driving HV-112 at high speed.

The eyewitness also saw Holder on his mobile phone and driving on the wrong side (the right-hand side) of the road.

The eyewitness heard a loud noise as the vehicle approached his gate. When he rushed outside, he saw a little boy on the ground who seemed to be in pain.

In an interview with police, Holder said he had heard a noise, then lost control of the vehicle and ended up in a gutter.

When he exited the vehicle, he saw the teen and his bicycle on the road.

The police investigation revealed that the bicycles had no lights and that the area was dark.

HV-112 sustained significant damage to the right front headlamp, indicator, and bumper.

A post-mortem examination established that Lavia died of multiple traumas from a motor vehicle accident.

Holder presented himself to the Georgetown Police Station the morning after the incident and cooperated with the initial investigation.

The judge used a starting point of 35% of the maximum of 7 years, which equates to 2 years and 5 months.

He also considered the aggravating and mitigating factors of the case and the offender, leading the court to impose a sentence of one year and seven months in prison.

Holder was represented by lawyer Grant Connell and Crown Counsel Devon Bute appeared for the Crown.

Correction: An earlier version of this story said Holder was sentenced to 1 year and 7 months in prison. He was actually sentenced to 1 year and 11 months.