PHILIPSBURG--The Court of First Instance will give its decision on September 6 in a case in which a 63-year-old man is being accused of shooting his own son in his arm on February 24. Finding no evidence of attempted murder or manslaughter, and only finding the infliction of severe bodily harm proven, the Prosecutor demanded a prison sentence of two years, with deduction of 172 days already spent, against defendant T.F.S. The defendant pleaded not guilty. The victim, a young man, told investigating Police Officers he had been shot by his father during an argument. The father voluntarily turned himself in at the Philipsburg Police Station and stated that his son had threatened him with a gun. He was arrested on the spot and taken into custody. The firearm that was used was also confiscated for investigation.
Father and son have a long shared history of incidents. Things went so wrong that at a certain moment the father decided to leave his home and live in an apartment elsewhere.
The father said the problems started after he got married and found out that his wife was, in fact, his sister. “She did not want a divorce,” he told the Judge, denying allegations that he had ever abused his wife.
He said he had not deliberately fired gunshots at his son, but said the gun had accidentally gone off during a scuffle and hit his son in his arm.
His son’s statement was diametrically opposed to his father’s. The son said his father came at the house with a gun in his hand and immediately started shooting, during which he was hit in his arm. Only thereafter the scuffle started, the son said.
The defendant denied he had threatened his son earlier during that day outside Jump-Up Casino, saying: “I am going to kill you and your family.”
The carpenter by profession denied the firearm was his, and said the weapon, which he had kept in a toolbox upstairs, belonged either to his son or one of his friends.
The son told the Police between eight and 10 shots were fired in the incident, whereas a witness mentioned approximately three shots, and the father only one. Forensic investigations provided three empty shells, which led the Prosecutor to the conclusion that the witness’ statement was the most plausible. The Prosecutor said this was “a sad case with actually only losers.”
In her client’s defence, attorney Zylena Bary stated that her client had turned to the Police “numerous times” to complain about his son’s behaviour, but to no avail.
“The Police and the Prosecutor’s Office ignored him time and again, and now the Prosecutor’s Office is punishing my client for it,” the lawyer said.
Bary said her client was a “watchful citizen, but the Police failed him. His son was aggressive all along. If there is a victim here it’s my client,” the lawyer said.
Pleading self-defence, Bary called for her client’s full acquittal, including the infliction of severe physical injury.
