Twenty-one year old Asher “Shrek” James has been found guilty of the September 20, 2013, gruesome murder of Kenny “Bosco” George of Wotten Waven.
James claimed that he acted in “self-defense” on the night of the incident saying that the deceased was armed with a cutlass and attacked him but he (James) was “faster.”
The prosecution team of Sherma Darymple, Fernillia Felix and Carlita Benjamin were responsible for the State’s case. James was represented by Geoffrey Letang and Ann Riviere.
In her summation to the jury, Felix said that the State’s case was that of “murder.”
“We are saying murder because there was no lawful justification for his actions…he had planned that attack on Kenny. Kenny never had a cutlass and never attacked Asher, he was taken by surprise and was shocked,” Felix told the jury.
Mikel Xavier was the only eye witness to the incident.
He told the court that he saw James “hashay, hashay Kenny” (chop, chop Kenny). He also told the court that George was running and then James held him and dragged him and continued to “hashay him.”
Felix told the three-man and six-woman jury that they should see Xavier and he was telling the truth.
“Asher told you that he swing numerous time, he was never in danger, he was lying in wait for Kenny who was defenseless,” she said.
She told the jury that the prosecution had “shattered the element of self-defense” being made by James’ lawyers.
“He was crying from the witness stand. Don’t be fooled by that, they were crocodile tears. You saw the video, he was not sorry for his actions and never remorseful,” she said.
She also made heavy weather of the fact that James who claimed that he was “faster than Kenny” to draw his cutlass and was merely “two feet away,” suffered no injuries.
But in his address to the jury, lead defense counsel Letang said that the onus was on the prosecution to prove its case, “beyond reasonable doubt and they had not.”
“Our case is one of self-defense, the evidence clearly support that. On the day in question James was acting in self-defense of his life and he had to act or he would have been deceased,” Letang said.
He said that the witnesses of the prosecution were “riddled with inconsistencies”.
“Mikel Xavier is not a truthful witness. I ask you to discredit his evidence; he was inconsistent. Magdelene gave you a version, Soanes another,” he noted, referring to others who testified in the trial. “So who is telling the truth? The accused (James) was running he was defending himself from the vicious attack of the deceased.”
Justice Errol Thomas, who was the presiding judge, in his summation explained the law on murder, self-defense and provocation to the jury.
He told them that “critical to the case is two cutlasses, you have to use your common sense. Remember Xavier said the accused had a black handle cutlass, you are the judges of the facts, the accused have nothing to prove but you must give his sworn testimony the same weight that you gave all the others.”
He asked them to “consider the extent of the injuries sustained by the deceased.
“The injury to the elbow…the doctor said was a defensive wound. Was the deceased attacking or retreating? There was a trail of blood 35 feet. There are many ins and outs in this case: a loud cry from Kenny of help, help. Use you common sense,” he said.
He also reminded them of the black handle cutlass which was found five feet from the deceased which the police said was “very sharp.”
“You have two defenses to consider for the accused, self-defense and provocation, the law on self-defense in not at large,” he said.
Thomas also told the jury that provocation is a series of acts done by the deceased to the accused to cause him to temporally lose his self-control.
“Provocation is a sudden act. Was the accused already armed and ready to kill? Remember he, the accused, told you that he armed himself with a cutlass since 5:00 pm, went to his farm, soil his garden, placed it under his shirt and went to get something to eat. He also said he is always armed with a cutlass,” the judge said.
James is now in custody at the Stock Farm prison pending a social inquiry report and an evaluation of his mental condition, which must be reported back by June 24, 2016.
A date for his sentencing has not yet been fixed.
The trial lasted well over 10 days.
Some people have a problem. If they disagree with another they feel they must retaliate. This happens too often in Dominica..
As someone stated he spoke to the police about the man. If he did, speaking is not enough. A formal complaint should have been lodged with the police, giving the right to formally warn the man. If this is ineffective, know your rights and follow it up with a Court case. This is the legal channel which should have been taken. Instead he planned to kill the man and succeeded.
You are not God. You are not the Law of the land. Nationals do not have the authority to as much as throw words and antagonize others much more to use a weapon to injure and murder them.
Do not take matters into your hands and think you have the right to injure and murder another and be satisfied with it. It is wrong!
Those who commit murder must bear the consequences of their evil action. It is also a debt owed to society for the murder of a national.
Stop painting James as a saint. What is he doing walking with a cutlass under his clothes? Why is it he has not even a bruise on his body? To every action there are consequences and he must bear the consequences of his action. For argument sake you chop him once, twice, you are not stopping? It is the responsibility of the judge to direct the jury, why is he being labeled pro prosecution? It would have been ok if he appeared to have been pro-defense? We find all nonsensical reasons when things does not go our way. How can a young man so brutally slaughter another and there is not an expectation of punishment? I hope this is an opportunity for this young man to get his life straightened out because God is a God of second , third and fourth chances. If the shoe was on the other foot I bet they would want justice served. Trying to justify James’s action is not helping him.
Better to be judged by 9 than carried by 6.
The law/requirement for a business licenses in Dominica should be updated to make it mandatory for all businesses to have cameras with night vision. They should be inspected mush the same as a health inspector inspects a business. I say this because a lot of crime seems to go unnoticed or cannot be effectively prosecuted because people feel they above the law these days.
Young men are just loosing their life for nonsense and other being put in prison rightfully so for along time then cannot work because they have criminal record (if the come out).
JUSTICE FOR KENNY!!
No human being deserves to be brutally murdered like that.
I do believe there was some element of self defense, and with these two it was a kill or be killed situation, had he not done what he had did it would have probably been the other one going to jail. Either way two hot heads off the street…
Were you there!?!?
Self defense what? Pure murder! Give him life or else he’ll come out and do it again!
what you believe and what happened is two different things. FYI they had a witness.. period.
Also people that are defending themselves to do not injure the person attacking them in the manner this person did… that was murder.
it was self defense i remember his mother alway complaining about that boy but god is good
\”Self defense\”? So why does he James have a Lawyer or two?
First a judge pro prosecution is a messed up business. The defendant was barred from presented evidence of harassment from the deceased towards the accused. Evidence such as numerous police reports from the accused was not allowed. Doctors report of a cool worsh the deceased gave the accused that required stitches , words like ,” I will ,@&&@ your sister”. How are you supposed to prove provocation and self defense without the evidence ?
Our biological response to fear is fight or flight.. And if you feel that flight ain’t gonna safe you , you will fight.
Exactly
If it had nothing to do with the specific incident then it would not be allowed. Self defence is when someone doing harm and at that very moment you react and ensure harm don’t come to you. If there was a cooling off period, then that is a new incident. In relation to prior fights / incidents, the police should be held accountable for doing nothing. But that’s the issue in dca, police do not do their jobs so you have to end up doing something crazy to ensure your safety is secure once and for all. But as for evidence in the case, it would relate to that specific incident on that day. If he was waiting after being hit the day before then that’s not self defence. It all goes down to how a reasonable thinking person would act at the time of the incident. If he did not act reasonable then he is guilty of murder and it was not self defence
Be broadminded and fair. Look at this way. He had a grudge against the victim and hated him. So he waited for him to chop him up and bludgeon him to death with the cutlass.
In any case, “NO ONE SHOULD KILL ANYONE.” He did not have the right to murder the man.
This man has murder on his hands. He has to answer to the Court for murder.
Think God! He will also answer to God for the death of this man.
THE PROOF IS IN THE PUDDING you are further strengthening the prosecution’s case. Sounds like pre-meditated murder. The Judge defined the term “provocation.” Where is the proof of provocation on the night of the incident?
But think before you talk. It is just that you choose not to believe that the defendant was walking home when the other came on him. According to James when he see the other pull out cutlass he then pulled out his. You choose not to believe that. Do you have camera to prove other wise? Before You paint a monster out of James have your facts. When we judge people without evidence .. We find ourselves in situation where we are in the judgment seat. My question is how did they end up at the scene. Did James go find him or vice versa. Bear in mind I am not condoning the act I just like evidence before I rant my mouth! None of us really know what happen in the dark there. The one that say he see.. I understand end up in mental home.. I wander what happen boy.. The truth that do him that? James is judged totally on the extent of the injury .. Nothing else..
I just feel there is more to that story.
I am sorry for both of the families . But I think alyou making one out to be a monster.. The decease was not a saint. Try stretching out the decease picture, see the tattoo on his neck”killer”. Not a tattoo a ” nice boy” would have. A lady in our village said , she just sorry is James that had to be in that position , but it was coming to the guy.
So nice guy picture…. Hmmmm
Another good comment
This convicted man is also not a saint. He is a monster, a heartless person for chopping up a man. He could have shown a good example and by making amends with the victim.
If people as you genuinely worshiped and prayed and for all troublemakers, your village would be better; same for Dominica in general.
Our Lord Jesus Christ said: “Treat others as you expect to be treated.”
He also said: “You have heard it said, an eye for an eye but I say . . .”
If you are familiar with Holy Scripture, study it better. You will find, “Two wrongs do not make a right” and, “It takes two.”
Neither of them were saints so stop misleading people. The accused looks no different from the deceased. If you are making comparison ask yourself, does the photo depict a 21 year old?
What was the origin of the disagreement between them? What caused it? For what and over what that it led to the victim’s death?
There are times even a police/court restraining order may not work.
When they have problems with each other and are not able to rectify them or that they inform the police and nothing is done, why not take it to the Court?
It is not worth killing another. He has a conscience and this conscience will prick him, convict him for the rest of his life for he has his victim’s blood on his hands.
If only people knew how to get along this could have been avoided.
My advice when there are problems between others, the best they could do for themselves is to stay away from each other. Do not even look at the other when you cross their paths.
Some people are hateful and will not accept a truce which may end as this case did. How sad.
interesting you know, threats have been made on my life (reported to the police all that good stuff…) I carry something on me when I go out, now if that specific person attacks me and I totally destroy that person, who is wrong? I still say that’s self defense precautionary self defense…
There are times we hear only one side of the story. Christians are taught and reminded: “Pray for those who persecute you.”
Do not stir up trouble. If you are wrong, admit it and apologize. I have noted that there are people who never apologize. They think they are always correct and others are wrong.
Be kind to people and they just may be kind to you. If they are not, simply ignore them. Say nothing to harm them.
A situation does not have to end in injury and death. God will hold everyone accountable for their actions. He will not say to you, the person was not nice to you and so you had the right to harm him in any manner.
Our Lord Jesus Christ said: “Turn the other cheek.”
It is stated, trouble will find people wherever they are. The best thing to do is to stay away from trouble and walk away from it. Better to be innocent. Do so with the help of God. Also say to Him: “God, grant me patience.” If you are sincere, you will receive it. It works!
Killing someone with a cutlass is gruesome, its a sad stituation for both families two young lives wasted one is dead and other will be hehind bars.
Good that he is convicted of murder. The evidence is clear. Someone saw him chop up the man who was defenseless.
He always has a cutlass which means he will use it on whoever crosses his path. This was a horrible death for the man he chopped with his cutlass.
He does not have a mental problem. For his young age, he has an extremely wicked heart and mind. Lifetime incarceration should be his lot.
Everyone has a right to their God-given precious allotted life, from conception to natural death. Those who murder must comprehend that they deny their fellow people their right to life.
He sent the man to his eternal judgment. If he does not make penance and sacrifice as a form of repentance, he will pay dearly in eternity for, “Thou Shalt Not Kill.” It is one of the Ten Commandments of God and of the land.
Evaluate him to determine how he was disciplined and was he obedient. Usually these are determining factors of the path some people take and how they act.
Hope they do not let mister out. He has always been a menace from very young. Check his record. He will do it again
Awwww that’s not true, the boy may have had issues but like many teenagers they grow up. The boy has been out on bail for two years going from work to home. Stop being ‘judge- mental’ . Get the background of the other it was not pleasant.
Whatever the demeanor, there is no excuse for murdering your fellow man. It appears he had an evil heart.
Know that the blood of those who are murdered are crying to Heaven for vengeance.
Our Lord said: “Vengeance is Mine. I will repay!”
People must practice the faith, pray to God and ask God to make them a better person. This is the problem with some people. They cannot change on their own; not strong enough. They must do so with rehabilitation and also with the help of God. Teach the people accordingly.
but if you think so what have you done as a member of society to help change his life? this is two young person you my dear. we to often want the down fall of others rather than seek to help them.
you know from young he was like that right? have yoy ever attempt to find out what is causing him to be that way?
many times we see people start small doing things and we take them for granted and most time criticize them.
steeling food from people, money, clothes ect and we call them names rather that seek to help.
SO MANY PEOPLE HAVE EXTRA FOOD AND HAVE TO THROW FOOD ON SUNDAYS OR DURING THE WEEK? AND WE KNOW OF PEOPLE WHO IS ON THE BLOCK, WAYSIDE, ON THE STREET SOME TIMES AT HAME WITH NOTHING TO EAT.
CAN WE NOT INVITE A YOUNG PERSON FOR LUNCH? WOULDNT THAT BE AN OPPORTUNITY TO HAVE A GOOD CONVERSATION WITH THEM? FIND OUT FROM THEM WHAT THEY ARE GOING THROUGH.
WOULD THEY KILL YOU? WOULDNT THAT PERSON FEEL GOOD TO BE AMOUNG YOU AND YOUR FAMILY TO ENJOY LUNCH ON UR…
You have stated it correctly! I am impressed by your words. If only we would look at people differently and do our utmost to assist them, they could eventually grow to be a better person.
This is what the Lord wants out of us.
Even this man who is convicted. He could be helped to become a better person. The government authorities must do something about that.
My dream/wish is that all such crimes/murders are eradicated from Dominica.
This begins with as we live (wherever we reside) and in fervent prayers, pleading to God to put a hand as we do our utmost to help those in need.
God will do the rest.
You are very much correct. His record after he committed the crime is not what is the be put forward but that from his school days. Family members stop painting the accused as a saint .
justice for kenny ..ThANK YOU THANK YOU
So the boy had to stay there n take blows under Kenny cutlass then..
It was self defense though… Soooo long the boy warning police and they never did anything. Is the police them fault it had to get that far… Asher I’m standing by ur side because I know it was self defense.
alas. sad eh
Oft you are so right. I remember this boy going on several occasions to warn the police about the deceased. On one occasion the deceased struck him. The evidence is there to see that Asher did report these incidents yet nothing was done. He acted in self defense because if he did not he’d be the one dead.
If only some people knew how to communicate, make amends and get along with others or stay away from them. They continue to bear a grudge. It led to that.
I will be honest with you, there is no excuse. What he did is not correct in the eyes of God. The convict has to pay for his crime of murder both ways, to the Law of the Land and the Law of God.
He deserve the same punishment.
We need to pray for our country. Two young lives wasted – (one in jail, one dead) and their families devastated. Please lets us respect life and each other. My prayer and thoughts are with the families involved.
so someone can make how many threats to you,and when u defend your self u are found guilty