Kimanie Roberts found not guilty of causing school boy’s death

Kimanie Roberts hugs his loved one after hearing not guilty verdict.

Kimanie Roberts hugged his loved one as tight as he could upon stepping outside the courtroom after a six-woman and three-man jury found him not guilty of causing the death of nine-year-old Jervaughn Defoe in 2008.

At the end of a week-long trial, Roberts walked out a free man as he was able to convince the jury not to find him guilty of manslaughter for which he had been indicted.

The prosecution, headed by Director of Public Prosecutions Gene Pestaina, unsuccessfully argued that Roberts was negligent and reckless in driving a boat on the Point Michel sea which passed over Defoe and inflicted injuries that caused his death.

The incident occurred on December 27, 2008.

His lawyer Geoffrey Letang, however told the court that the incident was a mere accident and was not a result of any negligent behavior from his client.

Justice Birnie Stephenson-Brooks presided over the matter.

Copyright 2012 Dominica News Online, DURAVISION INC. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.

Disclaimer: The comments posted do not necessarily reflect the views of DominicaNewsOnline.com and its parent company or any individual staff member. All comments are posted subject to approval by DominicaNewsOnline.com. We never censor based on political or ideological points of view, but we do try to maintain a sensible balance between free speech and responsible moderating.

We will delete comments that:

  • contain any material which violates or infringes the rights of any person, are defamatory or harassing or are purely ad hominem attacks
  • a reasonable person would consider abusive or profane
  • contain material which violates or encourages others to violate any applicable law
  • promote prejudice or prejudicial hatred of any kind
  • refer to people arrested or charged with a crime as though they had been found guilty
  • contain links to "chain letters", pornographic or obscene movies or graphic images
  • are off-topic and/or excessively long

See our full comment/user policy/agreement.

41 Comments

  1. Dominican lady in England
    November 29, 2010

    :?: I am sorry for the loss of life of this young boy, unfortunately accident occurs all the time…
    I have to say that Kimanie was wrong for being in the boat and especially being under the influence of alcohol at that time., which makes him unfocusable.
    This accident was not intentional, and for two years this man has been serving a sentence, and will remain serving this sentence for the rest of his life.
    I do not know of him (Kimanie) but he also have a family and would think the same as the majority of you, a life for a life.
    Please leave him alone, the courts have found him not guilty which has now lifted a large burden off his shoulder and heart.
    I pray that God Grants the Family of Jervaughn peace and forgiveness, and may Jervaughn REST IN PEACE, when god opens up the chapter in his book and your name appers we cannot say NO…

  2. a student
    November 26, 2010

    i am not sayin that this man shud be found guilty of murder but something could have came up, negligence something,, for someone to be killed n the killer jus live and nt be charged wid nothin,,,thats crap,,,i look at law n order every day and wantin to be a law student he shud be charged as said before, where is the closure for this family, the jurrers shud take into consideration if it was their child,, his family will never have closure, to the family my prayers are with u,,,rip to the lil one,,,with all this ur in a better place hunz

    • sideliner
      November 26, 2010

      Please ignorance again , think before all you talk and make Dominicans look as an idiot as you all and your leaders…………………………the court has freed the man the only way negligence can come into play is through a civil lawsuit to be filed by his parents in the civil court where he may be fined .everybody want their own laws in Dominica these days and their own constitution.PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

      • a student
        November 28, 2010

        oh shut up,,our leaders are doin the best they can….. is u to come n try to do better,, ps go n study a few cases u will get to kno what im talkin bout,,waste of time ppl

    • hmph
      November 29, 2010

      With good reason you are not a law student…Accidents are accidents…

      • a student
        November 29, 2010

        ha and with good reason ur actin like an illiterate which i refuse to entertain ur shit, had that happen to my bro or nephew i wuda put the law into my hand,, had it been ur familymember i wud expect a different approach from ya

        • oh my my my
          January 20, 2011

          U NOT MAKING NO SENSE MAKE UP YOUR MIND WHAT U WANT TO DO.

  3. Suggestion
    November 26, 2010

    The look on that man’s face says he’s very remorseful for what happened and he almost expected to be punished severely for what happened and he looks genuinely happy that the court realised it was an accident. It’s a tragic situation for both parties, a young boy who lost his life and a man who has to live the rest of his life wondering what he could have done differently to avoid this. But let’s not look at this as all tragic, let us look at this partially as an opportunity to put better boating laws in place so keep swimmers safe. Growing up in Newtown kids could swim among the boats not knowing the real danger, today as an adult I shiver knowing how close I was to being hurt. So let’s open the discussion on water safety so this child’s life wasn’t in vain.

  4. tracilicous
    November 26, 2010

    yes i u people not easy do u all forget that KIMANI WAS DRUNK as said in the first instant god will see the family of little DEFOE through

  5. lapwet
    November 25, 2010

    when u c all u people coming there and talking … about things u all don’t know nothing about….for those who are saying what was he doing so close to the bathing area..he was not the little boy was the one who went were the boat anchors..so stop hitting on kimani…if he wanted to kill the child he could have done it ever since cause he was the one that use to bring fish for the child mother so she could cook for the child everyweek cause the child had a bowel movement….so stop the … talk about the boy and let the kimani be…he is a good man..compare to some of u all that just there talking… about him

  6. okay then
    November 25, 2010

    I hope he feels sorry for what happened. accidents do happen and I hope that other boaters those that like to show off especially will take heed and stay away from there people are bathing in order to avoid future accidents like this one… RIP Jervaughn and Kimanie please in the future don’t do anything stupid like that again… I suggest u even stay away from boating

  7. enbasgleau
    November 25, 2010

    hmmm.
    You are telling me that a nine year old was that far into the ocean that he was struct by a boat.  Who was looking out for whom. Since a boat moves much faster than a swimmer, the boater should have been looking out for the boy.  He must have been very close to shore, and moving at a relatively fast speed for him to strike that boy.  Think people, think.  The boat ran into the boy…not the other way around.   It appears that in Dominica, the people who kill others (accident or not) are the ones who are given the soft cushion to fall on.  That is ok.  He was found not guilty by the courts; but a killing is a killing.  He must live with this guilt for the rest of his life…and that is his something he cannot get away from. 

  8. BUmblebee
    November 25, 2010

    @ Grandbay girl..Don’t say it so….u sound like u glad it happened. It’s not an accident is an accident. If it was your brother would you say that? Just watch how you say things. Put yourself in the family’s shoes…

    • grandbay girl
      November 26, 2010

      WHAT u talking bout i said i was happy for the young man but am still sorry for family who lost their Lil boy , he wouldn’t have just kill the Lil boy just so , do u really think the man is that heartless?so there for it was an accident i don’t get Ur point!

  9. Annonymous Reader
    November 25, 2010

    @ LizXavier for Jesus: You need to go back and do yr geography my dear…you even putting Pacific Ocean in bold too?? Dominica is surrounded by the Caribbean Sea and Alantic Ocean. SMH

    • Lizavier4Jesus
      November 26, 2010

      Okay, I made a careless mistake in thinking and writing, thank you for correcting me. But I do not need that much of a georgraphy review to know that a sea and an ocean surrounds Dominica.

  10. jamo
    November 25, 2010

    good to know that the system actually works..this young man didnt deserve to go to jail..im happy for him ….unfortunately a life was lost but accidents happen world wide

  11. Just giving my two cents
    November 25, 2010

    Happy to see that the system is not all flawed. Accidents do happen and if this was beyond his control, and he was not being negliegent, then the verdict is fair.

    I hope that this be a lesson to both swimmers and boaters – BE CAREFUL.

    May the lil boy’s soul R.I.P.

  12. dear
    November 25, 2010

    ma boy it could be it could be you give thanks and praises unto the most high , the supreme king and ruler , we have a court on earth to judge but what about who sits on the throne in the court that we cannot see. jah just checking my boy he forgive u . just check the family as heave as you can and ya , dont neglect them.

  13. MASTER CHIEF
    November 25, 2010

    DOMINICA IS COMING FROM BAD 2WORST, PPLE KILL PPLE ITS LIFE PRISONMENT.

    • pussy
      November 26, 2010

      retard it was not murder.

      • streets
        November 26, 2010

        i agree it wasn’t no dam murder

  14. fly
    November 25, 2010

    We may be in the same position accidently. I know I would feel good to be free when it was purely an accident. Enjoy your freedom. Use it wisely.

  15. Precious
    November 25, 2010

    We must be responsible and know when to ride a boat out in the ocean and close to the anyone enjoying a bath.  I hope that he learns his lesson and will stay away from this type of recklessness.  The family is still grieving and this will go on for a long time.  I hope he take some time and meet with the family because I know the mum is a christian and has forgiven him.  Stay strong Marylou.

  16. mouth of the south
    November 25, 2010

    good 4 him,,,but mr looking like a zeb would do him well good

  17. just saying
    November 25, 2010

    they shoudl consider putting some bouys around the area people are bathing, so the boat men would know thier limits…this is just sad though, may his soul rest in peace….and i do hope in his heart he is not guilty or else his conscience will strain him…

  18. A loved one
    November 25, 2010

    Tears are in my eyes. This has opened wounds for me. My sweet Jervaughn, Oh how I wish you were still here. I am so confused as to how I should feel about this verdict. I know he didn’t’ mean to take Jervaughn from us but if he is not responsible who is?  OH God give me strength.

    • v
      November 26, 2010

      Just hold strong. God never gives more than we can bear. Jervaughn is gone for a reason. God knows it all. Im not sure what i would have done in this situation. But if it was really an accident, Just pray that God will help u find it in your heart to Forgive him.

  19. grandbay girl
    November 25, 2010

    OMG  kimanie am so happy , and i’m sorry for the  family who lost their son , but and accident is an accident  , now u can move on with Ur life my boy, just put GOD first in all what u do and u will succeed  …..  may the lord  continue  to guide u …….

    • Anonymous
      November 26, 2010

      dam u

      • Anonymous
        November 26, 2010

        dam me? stupesss the man needs to move on so wah

  20. Lizavier4Jesus
    November 25, 2010

    I am glad to read that this young man is freed from a term of imprisonment for murder.   But I must say that there are too many flaws in our system of Life in Dominica.   What I am saying is that,  if we are using boats on an area of the Caribbean Sea or the Pacific Ocean in Dominica, how is it that people are allowed to ride their boats in the same vicinity as where people are swimming? 

    As the person identified as Dragon said, he/she has had to call his/her kids out of the water because of the dangers of boaters with their boats on the water who may be showing off.     Should there not be a boundry ( or something like that ) to separate boaters and their boats from swimmers?   I cannot swim, but I imagine that a good or professional swimmer can go as far out offshore, as possible, and that is why the warning boundry is necessary. 

    I spend a day with my church family and a sister church at a picnic outside of Toronto every year.  We picnic on the beach of Lake Huron.   There is no comparison whatsoever, between the number of people who are on the beach and in the water of Lake Huron or any other beach in Canada with the number of people who might be on a beach in Dominica.   The same goes for the number of boaters who may be in the water at the same time.   But there is no concern of danger between boaters and swimmers, because of the wide distance or boundry between the two sets of people. 

    I am saying, that with the large number of people in the water on that beach, a boater could not collide with a swimmer, because of the wide boundry.    And that body of water is just a lake, much more for the water of a sea or ocean.   

    Perhaps it is just me, but it is difficult to understand how this kind of negligence is allowed to happen.  The collision causing death was an accident, yes; but it was an act of negligence that can be avoided through a proper control system.

    Excuse my spelling mistakes, I cannot search for them because I am working with Internet Explorer with no adds on.

    • oh my my my
      January 20, 2011

      TOO LONG OF A STORY

  21. Concerned
    November 24, 2010

    I am not judging the young man and would not want to see him jailed; but we need to be responsible and think of others.

  22. Anonymous
    November 24, 2010

    From all reports, the guy was intoxicated and acting irresponsibly! He was called upon to move away from the area but was too chemically altered to listen to reason. I hope he sobers up and stay that way. Promising, perfectly healthy young man snuffed out in his youth! The kids mum will find solace in Christ.

  23. Anonymous
    November 24, 2010

    this is jus pure …!  All murderers jus goin free in this country then. Stupse

  24. Jepter
    November 24, 2010

    Well i still don’t think that one should bring a boat in an area where youngsters are at play. Such an act is being negligent.

  25. friend
    November 24, 2010

    Im soo happy for you Kimanie……this was just a mere accident…..becuz of ur good character God ensured that u were taken care of……my sympathy to the family of the boy

  26. Dragon
    November 24, 2010

    I am not in a position to judge this man’s action on that day, but I know from being on various beaches in Dominica boaters come around and “show off” their boats speed, lets hope this was not the case, I have had incidents where I had to call my kids off the water when this becomes a neuisance as they would drive up and down the beaches in full speed.  I hope and pray that other boaters learn the dangers that are involved in such actions.
    Now that you are a free man, I wish you well.

  27. Nefertiti
    November 24, 2010

    OMG, God be with our family in this time of sorrow, RIP Je! Miss you!

  28. Dodds
    November 24, 2010

    I’m glad. I hate it when people go to jail for accidents. Certainly he would not have meant to kill a kid bathing in the sea.

Post a Comment

Your email address will not be published. Required fields are marked *

:) :-D :wink: :( 8-O :lol: :-| :cry: 8) :-? :-P :-x :?: :oops: :twisted: :mrgreen: more »

 characters available