Mild sentences for threatening police officers with firearm

POSTED: 02/2/15 1:12 AM

St. Maarten – The Court in First Instance sentenced two men who ignored a stop sign from the police and threatened police officers with a firearm on October 6 of last year to 15 and 18 months of imprisonment yesterday.

Brendon Alberto Dixin has to serve 18 months, while Kevin Chris Le Blanc has 15 months behind bars ahead of him. Le Blanc received a sentence reduction because of reports about excessive violence used by police officers during his arrest.

The actions of the police officers are still subject of an investigation by the National Detective Agency and judge Maria Paulides had no opinion about this aspect one way or the other.

“It is clear that the arrest of Le Blanc went down with quite some violence, but the police report does not specify which methods were used exactly. I am not able to judge this, but this cannot be held against the defendant and therefor this circumstance will be to his advantage,” she said.

On October 6, police received a report that someone had been threatened with a firearm by someone driving around in a car. When police spotted the car on Bush Road it set up a road block and ordered the driver to stop. But Kevin Le Blanc, who was driving the car, decided to run from the police because he had a gun in his possession. He turned left onto the parking lot of Cost-U-Less and police officers fired shots at the car.

The two men left the car, whereby Dixin turned on the police officers and pointed the gun at them. Under those conditions, the police officers opened fire whereby Le Blanc was hit in his leg and his shoulder. Forensic evidence showed that at least ten shots were fired.

The 25-year-old Le Blanc immediately reported the violence that was used against him after his arrest. The arresting officers wrote in their report that Le Blanc kept resisting arrest, even when he was down on the ground and that they had to use violence to break his resistance.

The officers found that the two men were carrying a loaded Glock handgun with ten rounds of ammunition.

While police officers reported that the passenger – 21-year- old Dixin – had pointed the gun at them, the defendant denied this, and Le Blanc confessed that the gun was his.

Prosecutor Tineke Kamps held both defendants equally responsible for what had transpired. She dismissed Le Blanc’s claim that he had only seen someone pointing a gun at him on Bush Road that he did not realize this was a police officer and that this was the reason why he had fled. “It was a very recognizable police car on the road,” Kamps said. “How is it then possible to say that you did not know this was a police officer?”

The prosecutor admitted that the arrest of Le Blanc had been rough, and said that the National Detective Agency is investigating the matter. “I do not have to take this into account in this case,” she said.

The prosecutor demanded 18 months against both defendants for threatening the police officers and for firearm possession.

Attorney Geert Hatzmann questioned the evidence that ties his client Le Blanc to the threat. “Dixin had the gun and what he did, he did on impulse. There was no consultation. My client only attempted to get away from the police.”

Hatzmann said that Le Blanc is only guilty of gun possession but he mentioned a mitigating circumstance. “He was shot at three weeks before this happened, and the shooter is still walking around free.” He said it is unfortunate that the prosecutor does not take into account that the police shot at his client. “Doctor Mercuur said that he is not a specialist but in his opinion detention is harmful to my client’s recovery.”

Hatzmann asked the court to sentence his client to a prison term equal to his pretrial detention.

Attorney Shaira Bommel said that it is impossible that her client Dixin pointed a gun through the windshield at the police officers at the road block, because Le Blanc was taking a left turn in an attempt to avoid the police officer that was standing on the right-hand side of the road. “He was just smoking a joint and he did not resist his arrest,” Bommel said.

She asked the court to acquit Dixin of the threat, “because he never had the weapon in his hands” and he did not know that there was a gun in the car.

Judge Maria Paulides arrived at different conclusions and declared both defendants equally guilty of both charges. “Four police officers have seen Dixin with the weapon, and two officers saw that he pointed the gun at them.”

Paulides said that the demand by the prosecutor is “very mild” but added that she would not go higher with her sentence.

Did you like this? Share it:
Mild sentences for threatening police officers with firearm by

Comments are closed.