Prosecution demands 8 years for attempted murder on Chucky

POSTED: 11/7/13 1:52 PM

St. Maarten – Prosecutor Maarten Noordzij demanded 8 years imprisonment yesterday against Kerry Julian W. for his involvement in a near fatal attack on fellow-inmate Omar Nelson, better known under his nickname Chucky, at the Pointe Blanche prison on May 4. The prosecution asked the court to acquit a second suspect, 22-year-old Louie Alberto Junior E. for lack of evidence. The court will pronounce its ruling on November 27.

The prosecutor’s office charges four suspects with the attack on Chucky. Apart from the two that stood trial yesterday, they are Jermaine Emanuel C. (25) and Gilbert Ch. (20). The latter refused to appear in court yesterday, and Jermaine C.’s attorney was ill so she had asked for a postponement. The court moved the trial of these two suspects to January 8 of next year.

Both Kerry W. and Louie E. denied any involvement in the fracas at the prison. “I was chilling in prison with my friends, watching TV,” Kerry W. told the court. “I was in my alley, I was not there. Sections of the jail open at different times. It is impossible for me to be in contact with Chucky.”

However, two guards and the victim identified Kerry W. as one of the attackers. “That is a case of mistaken identity,” the defendant told the court.

According to Chucky, who made a name for himself when he escaped from the Pointe Blanche prison in March 2011, he was busy cleaning the sewing room at the prison when suddenly three inmates stormed in and attacked him. The victim identified Kerry W., Jermaine C. and Gilbert Ch., aka G-Code, and said that the latter had cut him with a handmade machete on his hands. During the fight, a sewing machine fell on top of him. Kerry W. stabbed the victim with an icepick in his legs, damaging a tendon that makes it unlikely that the victim will ever be able to walk again, while Jermaine C. kicked him twice in his face.

A female guard who was in the room panicked during the attack, but she managed to identify Kerry W. and Jermaine C. Only one guard claimed that four men had entered the room and that Louie E. had held Chucky from behind while the others ill-treated him.

The female prison guard stated to investigators that Kerry W. has said, “I am going to kill you” while he attacked Chucky.

Prosecutor Noordzij asked the court to acquit Louie E. because there is only one witness claiming that four men entered the sewing room, while all others speak of three men. Other witnesses did not identify E. either.

Noordzij considered attempted murder by Kerry W. legally and convincingly proven. “They came in out of nowhere and attacked the victim without speaking a word. They must have discussed this beforehand. It is a miracle that they did not hit any vital body parts. There was intention to kill.”

The prosecutor said he considers Kerry W. as the main perpetrator and demanded 8 years imprisonment against him.

Attorney Geert Hatzmann said he was happy with the conclusion by the prosecution about his client Louie E. “It would have been better not to charge him at all.”

In Kerry W.’s case, the attorney conceded that there is “potential evidence” in the case file and that he refers to the court’s judgment. “I do not see this as attempted murder,”  Hatzmann said. “The victim was stabbed in his legs and not in his upper body. That could have been fatal. There was no reasonable chance that this would have ended fatally.”

Attorney Hatzmann furthermore contested that the victim sustained serious bodily harm because the injuries are according to him not permanent. “The prosecution’s demand is too heavy. I think that one or two years is enough.”

Kerry W. pleaded with the court in his last word. “Somebody is trying to set me up,” he complained, adding that his behavior in prison has always been good. “I was the lead singer in the church choir.”

The victim of the stabbing, Omar Nelson, is serving a 25-year prison sentence. In June 2011, Nelson was sentenced to 18 years for a series of violent crimes – among them the October 16, 2010 kidnapping and robbery that cost 45-year-old Wouter-Jan Romeijn his life. Later he received a 1-year sentence for escaping from prison. During his escape, he stole a car and committed another robbery for which he was sentenced to 6 years, bringing his total to 25.

During the trial for this robbery in January of last year, Nelson threw a tantrum, saying in an expletive-laden tirade that he had had enough of being in court. Guards quickly handcuffed him and led him from the courtroom on that occasion.

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