Despite a very passionate mitigation plea from defense lawyer, Wayne Norde, High Court Judge Errol Thomas imposed a 5 years and 11 months jail sentence on Herbert Xavier of Soufriere who pleaded guilty to manslaughter.
Xavier along with his sisters, Loretta Xavier and Manuella Williams, were charged with the murder of their brother Harrison Williams in 2010.
They were convicted by a jury and sentenced to 15 years in jail by trial Judge Brian Cottle. On appeal, the Eastern Caribbean Court of Appeal quashed the conviction citing a number of errors by the trial Judge and remitted the matter back to the high court for retrial.
The three were placed on bail awaiting trial for murder. The state then decided to try the three on the lesser charge of manslaughter, which they pleaded not guilty to.
But the case took a dramatic turn on March 1 when Herbert pleaded guilty and the charge against his two sisters was dismissed by the state.
Brief facts of the case
On September 24, 2010 at about 8:00 pm, Harrison Williams with his wife Jacqueline and three children on his truck, registered PL254 and took a drive higher into the community.
On arrival near the home of his brother Herbert Xavier, his daughter saw Xavier place a 40-gallon drum in the road preventing him access to the area.
Williams went to the police station but found no one there. He returned, took a piece of stick from his truck and went into the yard where his brother and sister, Manuella, resided.
An argument ensued and Williams’ wife said she could hear the commotion in the yard. About five minutes later her husband returned with blood on his face and the piece of stick in his hand. He looked beaten and dazed and while walking to his truck, fell on the road. The ambulance was called and on arrival at the Princess Margaret Hospital (PMH) he was pronounced dead.
Mitigation and sentencing
Norde told the court that in his years as a lawyer, this was the most difficult plea in mitigating he had to deal with.
“The social inquiry report brought tears to my eyes, it’s touching, well done and instructive,” he stated. “This is about a family issue, the prisoner asks that he not be given a custodial sentence. He is extremely remorseful and emotionally saddened and lives with daily regrets.That is a punishment for life knowing that you took your brother’s life in unfortunate circumstances. He wants an opportunity to apologize to the family and his nieces and nephews.”
Xavier expressed remorse to the court.
“I would like to say to Jacqueline (wife of the deceased), my sister-in-law, that I am sorry. I am very, very sorry for the incident, please forgive me, it will never happen again, I have given my life to Christ, I am a changed person, I am sorry. To the children, I ask them to forgive me. I am sorry. Uncle has changed his life,” he said.
In sentencing, Justice Thomas said despite Xavier’s age there is room for reformation.
“This is not an easy decision to make,” he said. “The court has a duty to society and to do what is fit and proper…it’s a complex matter, family, brother.
The defendant shall serve five years 11 months being the residue of the 15 years benchmark sentence for manslaughter as a result of the 1/3 reduction on account of the guilty plea and the 49 months in custody on the murder charge between 28th September 2010 and 3rd November 2014. Any remission on the sentence imposed by this order shall be in accordance with Rules 36 and 37 of the Prison Rules, Chap. 12:70 of the Revised Laws of Dominica.”
Some of you all are so ignorant and stupid. U’ll just sit doing nothing with u’ll life and throw stones. All of alu that talking about how long they gave him etc i hope and pray that none of u all will ever find ur self in such situation. Be careful what u wish for ppl the devil might hear u and turn it back on u. He gave his life too Christ, thats a man of christ. Now stop worry about him and go give ur life to christ too. When u live in a Glass house don’t throw stones.
Lovely Dominica nation of beff, hatred and SUETIRANCE.
Diable LA ka twavy
Your LIfe will never be the same you have to live with this for the rest of your life. How are you going to look at your nieces and nephew knowing that you took their father away from them. The system stab the children a second time.
That is a shame and disgraceful.
you have set a terribly poor example for your children. Shame.
What are you going to say to your nieces and nephews.
The court shoukd have ordered you to go znd wirk Nd n aintain your brothef’s children.
You gave your life to Our Lord Jesus Christ? He has a godly mission for you as with each Christian. It is not to establish one’s church, a different church but to evangelize.
He said he is remorseful and he has given his life to Our Lord. If he is a Catholic Christian, he did not have to change his religion/faith, although there are some out there who will coerce him to do so.
As another condition, he should, while in prison try to be a model prisoner by also counseling other prisoners to turn around their life and when released to live a law-abiding one.
If he is truly remorseful, when released, he should teach especially to the youths, the dangers of a bad temper and how he regretted murdering his brother, encouraging them to live a law-abiding life.
Dominica will benefit from this. If they pay heed, some years in the future, this type of criminal attitude will be eradicated.
Should this occur, O Happy Day. He will have appeased God for what he did.
is there such a thing as a catholic christian.. so i can say a methodist christian or a pentecostal christian….. zor toe sort
its ethier you are a christian or you are not
Well well well…. that’s all you get in Dominica for taking someone’s life soo brutally??? Getting caught with drugs gets you way more punishment in Dominica than Killing someone, and molesting the innocent kids??? …. what is wrong with this sick justice system? What a sick world we are living in.. May God help us all.
Isle of beauty isle of splendour…all for each and each for all…dominica weeps…injustice, hatred, ungodly…God hav mercy on us..Amen
I can only laugh but certainly this is not something to laugh at. Foreigners before you come to Dominica ,know that there is no justice there if a member of your family is killed nor should any Dominican citizen feel safe ,protected by the law neither will there be any fear justice given to any criminal who have harmed their family …………….so help us God..
When will the message be sent to Dominicans that they must respect people’s life.WHAT A JOKE? Its shameful to be living in a country where the justice system is such a JOKE!
what bull **** dat? again in dominica they take too long to do the sentencing.since 2010?hmmmm
In other words, he is free to go??? I guess that’s the value of his brother’s life. Damn.
Looking like I can just go kill someone and get five years and then out and go on with my merry life not in happen.
yea kumbaya thats all………. may u get ten times the amount u wanted it to be……. n wondering mind hope u dont become a murderer….
We don’t listen to the news properly he take 4 years and a half already. They appeal the matter and won .there case went back on trail he plead guilty for manslaughter they charge how they would charge for man slaughter so the 4 years and the half he took already is added to the 5 years 11 months they gave him now so he took 4 months already and now the 5 years so check it
You have no explanation to give to anyone.When concerned citizens are talking about the polluted, corrupt and decaying society in which we live,it would be nice if you just SHUT THE HELL UP!!!
Five years for murder? Boyyyy let me go and do what I have to do eh I might just get two years. SMH whether he plead guilty that sentence is too lenient for someone’s life. That the person worth? shhh
C’est tout? that’s all? wow
One thing the Court in Dominica tend to be lenient in punishing murderers.
NOT HE DONE IT, HE JUST TAKE THE BLAME
Once u cry and show you are remorseful they go easy on you meanwhile a woman is left to raise her kids in an already difficult economy with no father. These children dad was taken away from them and am sure this has changed their life but that’s our justice system for you.
Hope you or someone close to you do not ever make a mistake. He said he is a changed man. He apologized openly and he pleaded guilty. He is now a changed man and by so doing, he submitted to the conscience, his sisters were set free. God forgives unlike you who doesnot acknowledge that Jehovah forgives. Use this to search within yourself and submit to the Lordship of our Lord Jesus Christ. Jesus saves. He died for our sins and also Herbert’s. He will have mercy on whom he will have mercy. Do not judge so you won’t be judged.
i guess anybody can say they sorry. how you sure they are remorseful? i agree is god in charge and forgive but your tones is like go commit crime and then cry and say you sorry