Pigheaded defendant back to jail

POSTED: 10/6/11 12:59 PM

St. Maarten – Erwin Virgo Henson, 49, will have to go to jail for 6 weeks because he failed to do community service for a conviction he incurred for an undisclosed violation in October of last year. Henson was sentenced to a 3-month conditional prison sentence and 60 hours of community service.
Prosecutor mr. D.M. Benammar demanded execution of the 2010 sentence; Henson told the court that he had not done the community service because he had no time to work without pay. His attorney mr. G. Hatzmann asked the court to give his client another chance to do the community service, but Judge mr. M. Keppels did not want to hear about it. She sentenced Henson to 6 weeks imprisonment.
Henson stood also accused of threatening someone with a machete on May 10 and of threatening three brothers with a gun on May 30. Police searched the defendant’s home but did not find a weapon.
Prosecutor Benammar said that the fact that the search had yielded no results does not prove that the defendant had not threatened the brothers with a gun. She considered the story of the plaintiffs credible and demanded 6 months imprisonment.
mr. Hatzmann said that he was shocked by this demand. “The police arrived ten minutes after the threat supposedly took place. They searched the house and found nothing. My clients did not have the opportunity to hide the weapon somewhere else. But now the prosecutor argues that maybe the police did not do a proper search. The weapon was not found so it was not there, and that makes the rest of the accusation also not credible.”
Hatzmann asked the court to acquit his client of this charge. Henson’s failure to do his community service is another story, the attorney said. “He is pigheaded and does not want to listen to anything. But what is the point of sending him to Pointe Blanche for three months? The prison is filled to capacity. There are plenty of murders, robberies and unfortunately also rapes. I ask the court to give him a second chance to do his community service.”
Henson told the court that he had been incarcerated for 26 days after his arrest on May 30, and asked who would compensate him for it.
Judge Keppels considered the threat with the machete on May 10 proven. She agreed with the prosecutor that because the police did not find a weapon on May 30, this does not mean that there was no weapon. “However, considering the brief time span, I have my doubts and I am not able to establish what happened exactly. That is why I acquit you of this charge.”
For the threat with the machete, mr. Keppels sentenced Henson to a 2-month conditional prison sentence. She imposed 3 years of probation.
Henson has fourteen days to appeal the verdict.

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