An armed robber who put a man to kneel in an “execution position”, threatening to kill him, begged for his life after the man overpowered him and began beating him in the head with the gun.
For his crimes, Fernando Daniel, 29, of Campden Park, will spend a further 17 years, nine months and 30 days in prison.
A jury found him guilty of charges of robbery, possession of an unlicensed firearm, possession of an unlicensed round of 40mm ammunition, unlawful discharge of a firearm, and wounding, in connection with his assault of Lower Questelles resident Devante Stapleton in Campden Park on Oct. 28, 2022.
Much of the assault took place in a churchyard and Stapleton had become so weary of Daniel’s taunt that he had told his assailant to kill him if that was what he intended to do.
Daniel, who did not have a lawyer at his trial, spent two months on remand after being convicted.
On Friday, at High Court No. 2, in Kingstown, Justice Rickie Burnett sentenced Daniel to 17 years, nine months and 30 days for robbery; 5 years and 30 days for possession of an unlicensed firearm; six years, nine months and 30 days for unlawful use of a firearm; and, 8 years, one month and 30 days for wounding.
However, he will only serve the longest of the sentences, which will run concurrently.
Daniel, armed with a gun, robbed Stapleton of one black DL Pro cellular phone valued at EC$115; one orange battery pack, valued at EC$50 and one black USB cord, valued at EC$20, and at the time of doing so and in order to do so put Stapleton in fear of being there and then subjected to force.
The facts of the case, as presented by the judge, are that Stapleton was walking home from Lasham’s Bar about 11 p.m. on Oct. 28, 2022,
Murder accusation
After Stapleton passed the Baptist Church in Bolomey, Campden Park, an aggressive voice behind him ordered him to stop.
Stapleton turned and saw a masked man dressed in black, pointing a firearm at him, emerging from a hedge hugging an electricity pole with a lighted streetlamp near the church.
The masked man ordered Stapleton to give him everything he had and Stapleton handed over his cell phone and his cross-body bag, which contained a battery pack and a USB cord.
The masked man, who was later revealed to be Daniel, ordered Stapleton to lie face down on the road.
He searched Stapleton’s pockets and then kicked him several times.
Then, holding the gun against the back of Stapleton’s head, Daniel pulled up the complainant from the ground and dragged him across the road and into the churchyard.
Daniel put Stapleton to kneel in the churchyard while standing over him with the gun pointed at him.
He questioned Stapleton and accused him of being responsible for a killing in Kingstown.
Stapleton told Daniel his name and address, adding that he must be mistaken as he had never killed anyone and knew nothing about the accusation.
Daniel tried to pull Stapleton down into the churchyard where it was dark but he resisted.
He continued pointing the gun at Stapleton and threatened to shoot him.
VC ordered to taste gun
Daniel ordered Stapleton to open his mouth to taste the gun and continually threatened to kill him. He told Stapleton that a vehicle was down in the dark waiting for him.
The complainant suffered a panic attack and Daniel put him to sit on the concrete pathway leading to the church door.
He continued pointing the gun at Stapleton with his finger on the trigger and reiterated that the complainant must open his mouth to taste the gun.
Daniel tried to put the gun in Stapleton’s mouth, taunting him.
Stapleton became weary of the death threats and taunts and told Stapleton to kill him if that was what he was going to do.
Tables turn
However, Stapleton took advantage of an opportunity when Daniel looked away and grabbed the weapon, pushing it away from his face.
Daniel wrestled with Stapleton and fired the gun and they fell into a neighbouring yard.
Stapleton was on top of Daniel after the fall and he hit Daniel in the face and head repeatedly with the gun.
At one point, the robber bawled that he knew Stapleton and begged him to stop hitting him with the gun.
Stapleton told Daniel no, adding that Daniel had threatened to kill him. “Me go kill you now,” Stapleton said.
Neighbour ignores cries for help
Someone from the house in whose yard the men were opened a window and yelled at them to get out of the yard.
Stapleton screamed for help, telling the person that Daniel was trying to kill him, but the person simply closed the window.
As the struggle continued, Daniel’s mask fell off and Stapleton was able to see his face clearly because of a streetlight nearby.
Stapleton was able to get away and ran towards a nearby house where a relative lived.
As he was about to enter the gate, he saw Daniel pushing the gun into his waist as he walked down the road towards him and went into the junction leading to his home.
Attacker, victim seek medical attention
Stapleton was taken to the Questelles Police Station and then to the Milton Cato Memorial Hospital for medical attention.
Police met Daniel at the hospital receiving medical attention and he also made a report to the officers.
The next morning, the police visited the scene with Stapleton and retrieved his slippers and his cross-body bag.
The police recovered a magazine and a spent shell at the scene and met one of Daniel’s friends searching through the grassy area at the scene.
They arrested Daniel’s friend.
Daniel was also arrested and during an interview with investigators, he remained largely silent but denied committing the crimes.
Contrasting views of defendant
A social inquiry report found that Daniel ended his education in Form 2 at the Bethel High School. He was self-employed doing fishing and shoe repair and had no previous criminal record.
One member of his community described him as a violent man who loved to rob people and she was not surprised by his crimes against Stapleton. Another person said Daniel was a very nice young man.
In the report, Stapleton said the experience keeps replaying in his mind. He recalled the “execution position” in which Daniel had had him for a long period. Stapleton now fears being outside at night and gets a panic attack if night meets him on the road.
Among the aggravating factors of Daniel’s crimes, Justice Burnett said he was motivated by greed or desire, attempted to conceal his identity by wearing a mask and restrained and demoralised Stapleton.
Also, the attack was unprovoked, Daniel attempted to conceal and dispose of evidence and the firearm was not recovered and was still at large.
The court also found the prevalence of the crime to be an aggravating factor.
The judge ordered Daniel to enrol in an educational and training programme offered at the prison.
Before the sentencing, Daniel’s sister, Shanice Daniel, of Campden Park, spoke as a character witness.
She said he has a loving and very close relationship with her brother
“I know my brother inside out, the same as he knows me inside out. He is very helpful. There is nothing that he refuses to do. He is a good father, grandson, son, uncle, anything you can think of,” she said.
Daniel told the court that her brother has had his son since he was 2 years old after the child’s mother left.
“He took care of his son on his own with the help of me, his mother and grandmother and I.
“If he doesn’t have to give him, he provides for him,” the character witness said, and began to cry.
He should rot in jail, you punk.you like to threaten the innocent.
Jail him Blood C….? Justice has been served at last without someone dying. Reap Sow comes to mind.