Four Persons Joined on Indictment for Kidnapping and Murder of Toshyna Patterson and Sarayah Paulwell

 The following is a Press Release from the Office of the DPP:

 

Paula Llewellyn CD, KC

Background 

1.     On the 9^th day of September 2023, Toshyna Patterson and her ten (10) months old daughter, Sarayah Paulwell were kidnapped and murdered.  Allegations

2.     Ms. Leoda Bradshaw pursuant to an arrangement which she made with the following persons, passed money to the said persons for the kidnapping and murder of Toshyna Patterson and Sarayah Paulwell, and conspired with Mr. Roland Balfour, Mr. Richard Brown, Mr. Roshane Miller, Mr. Bjon Black and Mr. David Smith to execute her plan.

 

3.     Mr. Roland Balfour was the individual that scouted/linked Mr. Roshane Miller, Mr. Richard Brown, Mr. Bjon Black and Mr. David Smith to execute Ms. Leoda Bradshaw’s plan.

 

4.     Mr. Bjon Black provided the firearm that was used to kill Toshyna Patterson and Sarayah Paulwell and also accompanied the men to the scene of the murder. 

 

5.     Mr. Richard Brown was the driver that transported Toshyna Patterson and Sarayah Paulwell to be murdered.

 

6.     Mr. Roshane Miller conspired to kidnap and murder Toshyna Patterson and Sarayah

Paulwell but did not present himself in person on the day that the plan was to be executed.

 

7.     On the 15^th day of November 2023 Mr. Richard Brown pleaded guilty to the Kidnapping and Murder (2 counts) and was sentenced to thirty (30) years imprisonment under the Plea Negotiations and Agreements Act.  

 

8.     On the 15^th day of November 2023 Mr. Roshane Miller also pleaded guilty to

Conspiracy to Kidnap (2 counts) and Accessory Before the Fact to Murder (2 counts) and was sentenced to seven (7) years and ten (10) months imprisonment under the Plea Negotiations  and Agreements Act. 

 

9.     Mr. Bjon Black was the fifth person to be arrested and charged with the Kidnapping and Murder of Toshyna Patterson and Sarayah Paulwell. He appeared for the first time after his apprehension before the Home Circuit Court on the 17^th day of January 2024.

 

10.  Mr. Bjon Black is also charged on a separate indictment in the Gun Court, containing three (3) counts for breaches under the new Firearms Act as he was allegedly at the time of apprehension by the Police found in possession of a gun. Ballistics tests as between the

gun and spent shells found on the murder scene have confirmed this gun to be one and the same gun used to kill Toshyna Patterson and Sarayah Paulwell.

 

11.  Mr. David Smith is the sixth person to be arrested and charged for the Kidnapping and Murder of Toshyna Patterson and Sarayah Paulwell. He appeared for the first time after his apprehension before the Home Circuit Court on the 15^th day of February 2024.

 

12.  It is alleged that Mr. David Smith is the ‘triggerman’ who after allegedly being given the gun by Mr. Bjon Black, used it to shoot and kill Toshyna Patterson and Sarayah Paulwell while he was in the company of Mr. Richard Brown and Mr. Bjon Black. Mr. David Smith also sent a picture of the deceased females by phone to Ms. Leoda Bradshaw on her request while at the scene of the murder. The bodies were thereafter burnt at the scene. The Office of the Director of Public Prosecutions (ODPP) after reviewing the material on file, today served a Notice of Intention to seek the Death Penalty on Mr. David Smith.

 

13.  All six accused persons in this matter after they were arrested and charged by the Jamaica Constabulary Force were brought directly before the Home Circuit Court after their apprehension on voluntary bills of indictment at different times proffered by the Director of Public Prosecutions. As stated before Mr. Miller and Mr. Brown have already pleaded guilty late last year 2023 under the Plea Negotiations  and Agreements Act and have already commenced serving their sentences.

Joinder of four accused on one indictment proffered today, March 6, 2024

14.  Ms. Leoda Bradshaw, Mr. David Smith, Mr. Roland Balfour and Mr. Bjon Black  appeared before The Honourable Justice V. Graham-Allen in the  Home Circuit Court today  joined on one indictment proffered by the Office of the Director of Public Prosecutions outlining fourteen (14) counts as follows:

 

•        Count 1 – Leoda Bradshaw for the Capital Murder of Toshyna Patterson on the 9^th day of September 2023.

•        Count 2 – Leoda Bradshaw for the Capital Murder of Sarayah Paulwell on the 9^th day of September 2023.

•        Count  3-David Smith for the Murder of Toshyna Patterson on the 9^th day of September 2023.

•        Count 4- David Smith for the Murder of Sarayah Paulwell on the 9^th day of September 2023.

•        Count 5- Bjon Black and Roland Balfour for the Murder of Toshyna Patterson on the 9^th day of September 2023. 

•        Count 6- Bjon Black and Roland Balfour for the Murder of Sarayah Paulwell on the 9^th day of September 2023.

•        Count 7- Leoda Bradshaw, David Smith, Bjon Black and Roland Balfour for Conspiracy to Kidnap Toshyna Patterson on diverse days between the 6^th and 9^th day of September 2023.

•        Count 8- Leoda Bradshaw, David Smith, Bjon Black and Roland Balfour for Conspiracy to Kidnap Sarayah Paulwell on diverse days between the 6^th and 9^th day of September 2023.

•        Count 9- Leoda Bradshaw, David Smith, Bjon Black and Roland Balfour for Conspiracy to Murder Toshyna Patterson on diverse days between the 6^th and 9^th day of September 2023.

•        Count 10- Leoda Bradshaw, David Smith, Bjon Black and Roland Balfour for Conspiracy to Murder Sarayah Paulwell on diverse days between the 6^th and 9^th day of September 2023.

•        Count 11- Leoda Bradshaw, David Smith, Bjon Black and Roland Balfour for the Kidnapping of Toshyna Patterson on the 9^th day of September 2023.

•        Count 12- Leoda Bradshaw, David Smith, Bjon Black and Roland Balfour for the Kidnapping of Sarayah Paulwell on the 9^th day of September 2023.

•        Count 13- Roland Balfour for Accessory Before The Fact to Murder Toshyna Patterson on diverse days between the 6^th and 9^th day of September 2023.

•        Count 14- Roland Balfour for Accessory Before The Fact to Murder Sarayah Paulwell on diverse days between the 6^th and 9^th day of September 2023.

 

Charges under the New Firearms Act 2022

Mr. Bjon Black is also indicted for the following charges related to the firearm found on him when he was apprehended.

Count I - Possession of Prohibited Weapon on the 20^th day of December 2023

Count II - Unauthorised Possession of Ammunition on the 20^th day of December 2023 Count III - Dealing in Prohibited Weapon on the 20^th day of December 2023

 

15.  The entire case against all accused in this matter is being investigated by the Half Way Tree CIB assisted by CIB Headquarters. Next Court Date 

16.  The Crown served the new Indictment as well as statements, Forensic Reports, CFCD Reports and other documentary materials today on the Attorneys for Ms. Bradshaw and Mr. Balfour. The Defence Attorneys for Ms. Bradshaw are Ms. Deborah Martin and Ms. Kelly Hamilton. Mr. Courtney Rowe represents Mr. Balfour. 

 

17.  The case is to be heard on the 13^th day of June 2024 in the  Case Management Court in the Home Circuit Court for the Prosecution to give further disclosure and for legal representation to be settled/assigned for Mr. Bjon Black and Mr. David Smith who are both still unrepresented by Counsel at this time.

 

 

 

 

Paula V. Llewellyn, K.C 

Director of Public Prosecutions