Home News Desk Courts Man jailed for 39 years 11 months and 3 weeks for murder

Man jailed for 39 years 11 months and 3 weeks for murder

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2030
Dominica State Prison

High Court Judge Colin Williams has imposed a nearly 40-year jail sentence on 47-year-old Johnny Vivian Phillip of Petite Savanne for the murder of Timothy Avondale “Oho” Anslem in 2020.

Phillip was represented by lawyer Bernard Pacquette and Peter Alleyne director of the Legal Aid pleaded guilty to the crime.

Brief facts in the case of Johnny Vivian Phillip

Murderer Johnny Vivian Phillip ( in spotty shirt)

The deceased Timothy Avondale Anslem also known as “Oho” was from the community of Petite Savanne and at the time of his death he was 63 years old. The prisoner Johnny Vivian Phillip was residing at Petite Savanne but is originally from the village of Marigot and at the time of the incident he was 43 years old. On Monday 2nd March 2020, at about 9 am, the prisoner came to the yard of the deceased armed with a cutlass and threatening to kill the deceased. The prisoner threatened the deceased because he alleged that the deceased had “taken manure which belonged to the prisoner from at the distillery area.”

The accused eventually left the yard. The threats were made in the presence of neighbors, Mahatma Corriette and Selwin Laurent.

On Saturday 7th March 2020 about 8 a.m. Phillip returned to the yard of the deceased. Mahatma Corriette heard loud talking coming from the yard of the deceased and proceeded to the yard of the deceased. There he met the deceased and Phillip who was threatening the deceased and was saying that “Timothy had stolen his stuff and that he was going to kill him.”

He then left after saying that. Later that afternoon about 4 pm Mahatma Corriette and the deceased (Timothy) left their homes to go have drinks. They went to a shop at the intersection in a place called “Darroux” in Petite Savanne. They remained there up until about 10 p.m. when they returned home with another friend called Joseph Moses also known as “Merchant Fella.”

When they arrived at the home of the deceased, Mahatma Corriette invited him to have dinner with him but the deceased said that he would come sometime later. The deceased went to his home and Joseph Moses went to his home. About half an hour later Mahatma Coriette heard a banging on his door and when he went outside to look, he saw the accused running away. He recognized the accused because the moonlight was extremely bright and the light of his flashlight which he has shown on Phillip.

Mahatma immediately went to look for the deceased and found him inside his house lying on the floor in the dining room and tried to get the attention of the deceased and asked him how he was feeling and all he said was, “Mr. Fuck me up!” Mahatma immediately asked who and he said “Johnny”.

He noticed that the deceased had a wound at the back of his head, a blow on his chest, and one on his leg and that he was frothing. Mahatma went in search of help and went to Mr. Joseph Moses’ house for assistance but Mr. Moses did not come out as he said “he was not feeling well.”

He then went back to the home of the deceased who was still alive but he was not responding.

He then left the deceased and went to his home to get him something for the deceased to drink. Upon Mahatma’s return at about 4 a.m. on Sunday 8th March 2020, he noticed that the deceased could not eat or drink. Mahatma went back to the home of Joseph Moses for help.

Joseph Moses did not come out of his home. Mahatma went into the village seeking assistance and someone called the police to inform them that there was a murder in Petite Savanne.  On the morning of Sunday 8, March 2020, the Police left the Grand-Bay Police Station to attend to a report of homicide at Petite Savanne.

Upon arrival in Petite Savanne, they proceeded to the home of the deceased went into the house, and met the deceased lying motionless on the floor about four feet from the entrance door. The front door was broken. Instructions were then given to other Officers who proceeded to an area in Petite Savanne known as “Darroux” where they met Phillip after they were identified as police officers Phillip began crying and said, “Dion you see what Oho make me do for my own thing.”

He was immediately cautioned and he then said, ” I go and talk to the man about my solar panel and other things he took from my house. He refused to give it to me I took a stick and bit him on his body with it. This morning, I hear people say they met Oho in-house dying.”

He was then arrested on suspicion of the murder of Timothy Avondale Anslem. During investigations an autopsy was conducted by the Pathologist Doctor Idelmys Alarcon a report was prepared by the Doctor and in that report, it was concluded that the cause of death was “hypovolemic shock due to internal bleeding due to several fractures and rupture of the organs.”

Mitigating

Pacquette asked the court to “temper justice with mercy” and that his client had expressed “remorse” at his actions.

A report compiled by the Social Welfare officer stated that Phillip’s attitude was “indifferent and he did not express remorse directly.”

Persons in the community who were interviewed had mixed reactions some saying “they were not surprised” since he was under the influence of alcohol is “out of character” and has “a bad temper.”

Sentencing

Justice Williams in calculating the sentence gave a starting point of between 30-40 years and said Phillip “planned the attack on the deceased.”

“He not only took the law into his hands, but he did so in the worst possible way, by unlawfully entering the home of the deceased,” the Judge said.

The attack was “premeditated” and violence “unprovoked” which all added to the aggravating aspects of the case.

He then gave a start point of 40 years in jail and because of the aggravating aspects increased it by 4 years making it 44 years. Although he pleaded guilty, he did not benefit from the 1/3 discount because of the sentencing guidelines. He has been on remand since the offence bringing his sentence down to 39 years 11 months and 3 weeks.