Attempted manslaughter punished with 30 months

POSTED: 12/21/12 2:13 PM

St. Maarten – The Court in First Instance sentenced Cedric Wilfredo Fecunda to 30 months of imprisonment for attempted manslaughter on a man during a fight at Titoy’s Bar in Cole Bay on September 14. Of the sentence 12 months are suspended; the court imposed 2 years of probation. At the trial on December 6, the prosecution demanded 36 months imprisonment with 12 months suspended and 2 years of probation.

The court considered proven that Fecunda made an attempt to kill his victim by attacking him with a machete. In the process he cut off one of his victim’s ears.

The argument at the bar was about marijuana, though it did not become clear in court what exactly the dispute was. The situation got heated, patrons managed to cool things down and then the later victim left the scene. Half an hour or so later he returned armed with a machete and attacked the defendant’s brother Omar, before he turned his aggression on 21-year-old Cedric Fecunda. He took a couple of swings at the defendant who thumped his attacker on his nose. The machete dropped to the ground, Fecunda picked it up and started swinging the weapon at his attacker. In the process he cut off one of the victim’s ears; later this damage was repaired at the hospital. The victim also sustained several other chop wounds.

The court rejected the defense claim that Fecunda had acted to defend himself against the aggression of his victim. “The defense the defendant chose was not necessary and disproportional,” the court ruled.

The court did not find reasons to accept that Fecunda had acted under severe emotional distress and concluded that the defendant is guilty of attempted manslaughter. “It is fortunate for the victim that this did not have a fatal ending, but that is not due to the defendant’s behavior,” the court ruled..

 

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