By Tahna Weston
Alfred Delice has been sentenced to 17 and a-half years for manslaughter, a punishment his attorney Wendel Alexander has already hinted that he will appeal.
Delice was accused of killing Steve Pablo Francis during an altercation on July 14, 2021.
The convict had originally pleaded not guilty to murder but on October 25 he admitted to the lesser count of manslaughter, which carries a maximum sentence of 35 years.
In presenting the facts, Director of Public Prosecutions (DPP) Shannon Gittens told the court that Delice was hanging out with friends at a playing field in St Johnston’s Village when he decided to get something to eat some time after 6 pm.
Apparently, Francis was in the area as well consuming alcohol.
While on his way back Delice and Francis got into a verbal altercation, exchanging insults of being homosexual and not supporting their children.
Armed with a pair of scissors, Francis rushed at Delice, who in turn stabbed him with a screwdriver and walked away.
However, the altercation persisted with both men, who lived in St Johnston’s Village, taunting each other about intimate relationships. A police officer who was passing in the area saw the commotion and spoke to both parties, who were still armed, but he did not disarm them.
During the dispute, bystanders got involved and prevented both men from coming to blows.
The court heard that about 10 pm Francis rode up to the convict on a bike and again they became embroiled in a heated argument during which Delice pulled his screwdriver and stabbed Francis in his head – to the left temple – an injury which penetrated his brain.
As a result, Francis, 42, fell to the ground and had to be rushed to the hospital where doctors diagnosed him with having a head fracture and no brain function. He was placed in the Intensive Care Unit where he succumbed to his injury about 12:05 pm on July 21.
After committing the act, Delice, who is Vincentian by birth, fled the scene, discarded the screwdriver and spent the night at a friend’s house.
The police were notified of the incident and during their investigations they were able to see what exactly transpired due to video surveillance footage from buildings in the area.
Delice was subsequently arrested and charged.
During mitigation, his attorney described the case as very touching, citing that it was a friend of the accused who brought the case to his attention. He said because Delice was of “slender means” he took on the case pro bono.
Alexander ,in using the biblical story of David and Goliath, said even David had to defend himself, pointing to the facts presented by the Crown that the deceased was the aggressor and Delice had the right to act in self-defence.
He described his client, a fisherman by profession, who has no prior convictions, as a hard worker, jovial and helpful and who cared for his children. Alexander was of the view that both men were victims.
Brother of the deceased, Craig Francis addressed the court on the impact his brother’s death has had on the family, saying that his mother took ill after hearing of the incident. Craig recounted how Francis would help out the family, in particular one sister whose children he supported.
Delice openly apologized to the victim’s family in court, stating that he acted out of fright.
“I hope you accept my apology. I am not watching you as an enemy. I understand [your] loss,” he said.
Justice Ann Marie Smith began with a sentence of 25 years due to the fact that there was verbal abuse and prior incidents of abuse between Delice and Francis.
Smith then increased the sentence to 26 years taking into account aggravating factors, including Delice’s attempt to conceal the weapon by disposing of it after he committed the offence.
The judge also took several other factors into account in arriving at her sentence, giving the accused credit for his previous good conduct and for his guilty plea.
The 1,243 days Delice spent on remand will be deducted from his sentence.
