Rudolph Steven Benjamin was arrested by police officers after he shot his brother in his home on Tangerine Road on March 9, 2019. (File photo)
PHILIPSBURG--A 52-year-old man who was sentenced Wednesday to eighteen months, fifteen of which were suspended, on three years’ probation, for possession of an illegal firearm, was declared non-punishable for shooting his brother during an argument, as the Court found self-defence legally and convincingly proven.
The family-related shooting incident took place in a home on Tangerine Road in St. Peters at 10:00pm March 9, 2019. On the scene, investigating officers located a man who was bleeding from multiple gunshot wounds to his body. He had to be treated by paramedics and was transported to St. Maarten Medical Center (SMMC).
Investigating officers learnt that the suspect in this case was the victim’s brother Rudolph Steven Benjamin. He was arrested and taken to the police headquarters in Philipsburg, where he remained in custody for further investigation.
Neighbours informed police that the two had been having an argument before they heard the gunshots. Led before a judge on Wednesday, Benjamin confirmed that he had been in an argument with his crack-addicted brother, who is living in his house.
The argument about “garbage” escalated when the brother tried to chop his way through the bedroom door with a machete, threatening to kill Benjamin, his girlfriend and their two children.
“I saw my whole life flashing before my eyes. I didn’t want to die that night. He told me that calling the police would not help me, I should call God. He came at me to chop my head off,” the suspect told the judge.
He defended himself with a semi-automatic weapon and shot his brother three times; twice in his shoulder and once in his upper leg. He said he had not fired a warning shot because his brother had come at him “hard.”
He said he was a trained shooter and that he had purchased the semi-automatic weapon for US $10,000, 10 years ago. His brother was sentenced in Aruba to 10 years for manslaughter.
Based on the statements and on the results of forensic investigations, the Prosecutor considered attempted manslaughter and illegal-firearm possession proven.
However, because the suspect had shown remorse, had been scared and had wanted to defend himself and his family against his brother’s violent attack, the Prosecutor said self-defence could be proven. Therefore, the defendant should be acquitted of all prosecution, he said.
The Prosecutor did find possession of a semi-automatic firearm with cartridges proven, for which crime he called for an 18-month prison sentence.
Attorney-at-law Zylena Bary pleaded self-defence because her client had been entitled to defend himself against the attack by his heavily-addicted, aggressive and ill-tempered brother.
The lawyer considered 18 months too high a sentence for firearm possession, as it did not take her client’s personality and his personal circumstances into account. “This is not fair, we are not talking about a gangster here,” Bary said.
The Judge found attempted manslaughter proven but added that the defendant had acted in self-defence to protect himself and his family against his “raging” brother.
As the defendant was entitled to use a weapon, the Judge found it rather “harsh” to send the first-offender and provider for his family to prison for a long time.
The imposed sentence of 18 months, 15 of which were suspended, on three years’ probation, should prevent the defendant from picking up a weapon again and should also make him think about “who he takes into his house,” the judge said.
As the defendant already had spent 115 days in pre-trial detention, the judge ordered his immediate release. The firearm is to be destroyed.
