Justice Richard Floyd has sentenced 26-year-old Jerimiah Gustave of Eggleston to 20 years and seven months in jail for July 5, 2017, murder of Glen Joseph Alphonse.
Jerimiah who was arrested and charged along with his brother Rendolph Gustave pleaded guilty to the crime.
A brief history of the facts
The incident involved a stolen bike the deceased accused the brothers of stealing and when Jerimiah went to him to clear his name about the missing bike, (the deceased) was armed with a gun and ripping iron and cranked his 9mm gun and instructed the accused to get down from the bike he had, despite him telling the deceased that he knew nothing about his bike.
The accused then attempted to leave the area, but he was grabbed by the deceased who swung the ripping iron at him and hit him in the process.
According to the now-convicted murderer, the matter further escalated when the deceased came with his friends on the block preaching “vile.”
The following day he said he went to Giraudel with no weapon but was told by friends that the deceased was armed with “a gun looking for him.”
“The next day he came back to Eggleston, and I get fraid…I get paranoid because when he was leaving, he burst gunshots and that is when I went to unbury my gun,” he said.
He said he was waiting the following day to see if he (the deceased) was coming back because “everywhere I am walking, I had my gun with me.”
The death of Alphonse happened at about 1:30 pm when both brothers fully armed with a firearm, spotted him on a bus with passengers and he stated to them “come, come, come.”
Each brother went when the bus stopped Jerimiah to the passenger side and Rendolph to the driver’s side Jerimiah shot him in the chest, and both run.
Mitigating
Defense counsel Kondwani Williams in his mitigating plea told the court his client was “contrite, regretful, and sorry for the crime he had done at the age of 21.” He asked the court to “depart from the “noose” and give a starting jail sentence of 20 years.
Williams told the court that his client had a “very difficult upbringing” losing his mom at an early age and dropping out of high school in the first form.
His client he told the court was “at the point of desperation since he was being pursued/hunted for by the deceased who was armed with a gun for a period of three days.”
“As a panic response, he arms himself to protect himself,” Williams told the court.
He also admitted that the aggravating aspects of the case outweighed the mitigating since it happened in broad daylight, was premeditated, a firearm was used in the public space and a nine-year-old child was also on the bus with her mother.
Before sentencing, Jerimiah was given a chance to speak and he stated that he was sorry for his actions, and he will use every fiber of his being to make good use of whatever chance was given to him. “Words can’t explain how sorry I am for my actions…I would like to say how sorry I am, he said.
Sentencing
In handing down his sentence Justice Floyd stated that the crime was “very serious and is of grave concern to the court and the public.”
He stated by arming himself, Gustave “escalated the situation instead of walking away.”
“A message of deterrent must be sent and cannot be tolerated hence lengthy incarceration for gun offenses must be handed down.
He said Jerimiah was young, had cooperated with the police, and pleaded guilty to the offense so all that goes to his credit. He however gave a starting point of 40 years and increased it by 5 because it occurred in the public bringing the sentence to 45 years.
Because of his cooperating, which resulted in a three-year deduction bringing it to 42 years, it was further reduced by 3 years for good character, youth, and remorseful bringing it to 39 years. He then received a 1/3 reduction of 13 years for his guilty plea bringing it to 26 years. He was further credited for time spent on remand 5 years, 5 months, 1 week, and 4 days hence effective December 8, 2022, he will serve a sentence of 20 years and 7 months for the murder of Glen Joseph Alphonse.
Director of Public Prosecutions (DPP) Sherma Dalrymple speaking to Nature Isle News (NIN) in an exclusive interview applaud the sentence handed down by the court saying that “it sends a serious and stern message to individuals who commit senseless killings in the Commonwealth of Dominica.”
“The ruling handed down by the court in the matter of the accused Jeremiah Gustave has sent a strong message in Dominica and the other jurisdictions of the OECS courts that gun violence is unacceptable,” the DPP stated.
The ruling she posited, comes at a much-needed time when Dominica has had several gun-related murders this year. “Noteworthy about this matter is the fact that the court started at the range of 40 years and then made the necessary adjustments in considering the mitigating and aggravating factors and the one-third off the sentence for the guilty plea of the accused,” she said.
She also extended praise for the work of the investigating officer Sergeant Fixton Henderson who she said, “did a complete and thorough investigation must also be commended”.
DPP Sherma Dalrymple has informed the court that she will file certain documents as it relates to Rendolph Gustave who will appear in court on December 9.