�Prosecutor's Office will appeal�
PHILIPSBURG--The 17-year-old suspect the Prosecutor's Office held responsible for killing Otmar Leonard (22) with a knife near the basketball court in Prospect Estate on July 14, 2010, was acquitted Tuesday of murder and manslaughter. H.K.I. was, however, convicted of assault and battery, for which he received four months.
During H.K.I's trial in the Court of First Instance on December 14, Leonard was described as a "family guy," who had stood up for his little brother and nephew.
He had got into a fight with H.K.I. after H.K.I. had tried to send Leonard's younger siblings and two other boys from the basketball court. According to H.K.I., they had no right to play in the Belvedere court, because they were not from that neighbourhood.
Leonard was fatally stabbed in his ribs during a fight later that day. The knife punctured Leonard's right lung and heart. He died at St. Maarten Medical Center.
H.K.I. had explained his sudden explosion of anger, saying he was "vex."
The suspect has regularly been involved in school fights, according to a Court of Guardianship report, which described him as being "impulsive, frustrated, emotionally withdrawn, and depressive."
Prosecutor Manon Ridderbeks had stated the fatal encounter with Leonard seemed to have been coincidental, and she had considered manslaughter, not murder, proven.
"The suspect is a very angry young man," Ridderbeks said, and if he were an adult, he could be sentenced to 12-15 years. Considering his young age, she limited her demand to 10 years.
The prosecutor had also requested that the court grant the claim of the victim's parents in the amount of US $5,900 for funeral cost, a NAf. 315 hospital bill and 3,813 euros for airplane tickets to fly in relatives from abroad to attend the funeral.
Judge Monique Keppels, however, rejected both claims, in line with attorney-at-law Cor Merx's position that his client should be acquitted of murder and manslaughter.
The lawyer had claimed that evidence provided by the Prosecutor's Office was based on assumptions, because there had been no witnesses to the stabbing.
H.K.I. admitted to the incident at the basketball court, but had said that during the fight he was held in a stranglehold and couldn't flee. He said he was kicked, hit, beaten, and physically overwhelmed by his much stronger adversary. He denied the knife had been his, and said Leonard died by accident and not by his hands.
Judge Keppels stated in her written verdict that the suspect's statements were not so "implausible" that they should be put aside. She further said the evidence provided in this case was not in conflict with H.K.I.'s statements, and also did not provide sufficient proof that the knife was his.
However, the judge found him guilty of mistreatment of a 15-year-old boy and of threatening this boy and his 11-year-old cousin.
H.K.I. had said during his trial that he had taken part in anger management training during his pre-trial detention in the Pointe Blanche prison. The judge stated that she had considered imposing mandatory anger management counselling at Victorious Living Foundation.
However, the judge decided not to impose a conditional prison sentence and mandatory training considering the nature and seriousness of the crimes committed, the suspect's young age, and the length of the his pre-trial detention.
The judge declared the claim of the victim's parents inadmissible, and lifted H.K.I.'s pre-trial detention.
The Prosecutor's Office will be appealing the verdict.
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