Jomarly B. (25), who was born in the United States, was acquitted by the court in The Hague of abetting in the murder of René Paul (39) on Thursday evening December 10, 2015.
He was previously sentenced to 15 years by the court, but now the court has reduced that sentence to eight years in prison, for possession of a firearm and the attempted homicide of Paul’s 23-year-old companion.
Not on appeal
The fatal shooting occured on the Burgemeester Meineszlaan in Rotterdam-West.
B. with his accomplice wanted to rob the 23-year-old drug dealer of his money and drugs. Paul was shot by the co-defendent with a gun and his friend was seriously injured by shots to the cheek and stomach by Jomarly B.
In the first hearing, B. and the co-suspect weresentenced to 15 years, a third suspect who was not present in the home got 2 years for complicity. The two co-perpetrators of did not appeal.
René Paul from Dominica was a victim by accident because his friend (from Sint Maarten) was the one who trafficked in drugs.
They discussed the robbery. Immediately upon arrival there was a threat and beating. B. has always said that his friend was holding a gun in his hand just before entering the house. He also said that a struggle had arisen in which B.’s weapon went off, and that shooting was bad weather. The public prosecutor says there was no struggle but was shot immediately. The court of appeal says that it is irrelevant when B. has received the weapon and also not if there was a struggle. It considers it proven that B. had the weapon available and shot it. B. also shot in the direction of the wounded, who was hit in the lower abdomen. That was co-perpetrating attempted homicide, the court said. There was no question of bad weather.
The big question revolved around the question of whether B. could also be considered guilty of co-murdering Paul. The court thought it was and the court of appeal now does not.
Close and conscious cooperation
Lawyer Jan-Hein Kuijpers, who appealed the case: ‘If you go somewhere while you know that there is also a weapon available to your fellow suspect, you cannot and should not be held liable for an ad hoc decision by your fellow suspect to use that weapon and then to rob another person of his life. In this case, the Court of Appeal applied the doctrine of co-perpetration in optima forma. “
The court does think that there was close and conscious cooperation in the attempted homicide on Paul’s companion. For that, and for the possession of weapons, B. therefore gets eight years in prison.