PHILIPSBURG--Suspect A.A.A. (35) who fatally shot R. “China” Richardson (28) in May, told the Judge in his own words during his hearing on Wednesday, that he had long been harassed by Richardson, had managed to divert conflict until the day of the incident, and acted only out of self-defence as he was struck by panic when Richardson charged at him, allegedly with scissors.
However, Prosecutor Karola van Nie said that A.A.A. should be charged with murder.
According to Van Nie, the killing was “unneeded and avoidable.” Richardson was shot five times.
The suspect had been charged with murder and manslaughter, and with firearm possession after the altercation with Richardson near the suspect’s home, cost Richardson his life. The two had a long-standing feud which worsened from November.
When A.A.A. went home with his infant son, one and a half years old at the time, Richardson allegedly approached him before he got out of the car, asking for weed, cursing and eventually screaming profanity and waving scissors in his face.
Richardson was said to have scissors in one hand and half a coconut in the next, presumably used for chopping weed. However, neither authorities nor witnesses could confirm that he carried scissors at the time.
A.A.A. says he took his son into the house, trying not to add fuel to the fire. However, he went back to his car to collect a baby-bag, and had to pass Richardson on the way.
Knowing this, he took a gun which he got from a friend who he says wanted to stay out of trouble when he went out drinking one night, and who ended up dying. He says the gun had been in a bag, in a drawer, and that he had never used it.
He said that he did not check to see if it was loaded, and did not cock the gun, because he only meant to use it to scare Richardson off if needed. He had reportedly been in possession of the gun for about a year.
After heading out to the car, he says that Richardson, still verbally abusing him, approached with the scissors in his hand. A.A.A. says that when he showed his gun, which he expected to make Richardson stop, Richardson still charged at him. A.A.A. says that in a panic, he held out his hand, closed his eyes, and does not remember how many shots were fired. A.A.A. also says he saw Richardson change the way he held the scissors as he came at him.
He says he thought he had been stabbed, at first. After the incident, he collected his son, called his father and went to him. Before the final confrontation, Richardson had been sitting on a wall with his five-year old son, who was still outside and nearby for the shooting. Richardson was also with a friend, who became a case witness.
A.A.A. maintained that there was “at no point” a discussion, as he was trying to ignore Richardson. As for the verbal abuse, Richardson had been calling him a “faggot” and “punk” amongst other names, which another witness said they heard, and verbally threatened to show what he was “going to do.” According to the witness who was Richardson’s friend, A.A.A. also said “today you gonna see me, China,” but A.A.A. maintains that he did not speak to him.
The Prosecutor’s Office previously requested a two-week postponement for the hearing, so that several reports could be added to the case file – including a report by the Parole Board, Netherlands Forensic Institute (NFI) concerning the ammunition found on the scene, and an additional autopsy report.
Considering all evidence, Prosecutor Van Nie said the killing was unneeded and avoidable, and that given A.A.A.’s time in the house and the short distance it took to again be close to Richardson, A.A.A. had enough time to consider consequences. He made a “clear choice” she said.
She also said A.A.A. could have chosen to stay inside if he were really scared and that it was not likely that he did not know the gun was loaded, as he had claimed.
She also pointed out the recent and widely publicised StopDropnGo campaign where people were encouraged to give in illegal weapons without fear of being charged. A.A.A. said he did not know about the initiative, which Van Nie found hard to believe.
She also questioned why A.A.A. did not instead use a stairway near his house to flee the situation. A.A.A. and his lawyer say that it was obstructed with rubble.
Van Nie said she has the feeling that A.A.A. was sick of the situation and decided he would not take it any longer. The Judge also asked A.A.A. during the hearing if he had not wanted, in response to demeaning behaviour, “to teach him a lesson.”
The Prosecutor recommended 14 years in prison, and in response to a separate file claimed by Richardson’s father, that A.A.A. pay US $17,052 to cover funeral costs.
In A.A.A.’s defence, attorney Safira Ibrahim pointed out that he gave himself up to police, cooperated with the investigation, admitted using the gun at a short distance, has maintained self-defence from the beginning, and has shown regret. The very brief timing of the events contradicts the idea that he had time to consider the consequences, she said.
A.A.A. was terrified, smaller than Richardson, had a medical condition with his back and had until that day managed to avert serious confrontations. He also had no way of foreseeing that Richardson would not back down, she said. She disagreed with the idea that A.A.A. should have stayed in the house... “for how long?,” she questioned.
The courthouse was full during the hearing. Three people wore t-shirts depicting Richardson. His father attended and also said a few words to the court.
A verdict will be given on October 7.
