Daniel feels weight of law for shooting a man multiple times on a minibus almost nine years ago

A 27-year-old man, who at 18, boarded a crowded minibus and committed an execution-style murder in broad daylight in the presence of witnesses, was sentenced to spend 30 years of his life at HMP Dodds.

Baggio Kristidi Decourcey Daniel was present when Justice Jacqueline Cornelius told the court: “Daniel and others must now understand that youth alone will not prelude a sentence commensurate with the offence of murder; a sentence so lengthy that it ensures that when you leave prison you are a much older and hopefully wiser person if rehabilitative measures have any real effect.”

Today Samuels’ mother told Daniel that she forgave him for killing her son. Daniel’s two relatives left the court in tears after hearing the sentence handed down in the No. 5 Supreme Court.

Daniel was found guilty of murder on October 21, 2019, after a month-long trial. Principal Crown Counsel Krystal Delaney said it was on February 1, 2012 that Daniel, of Block 1A Factory Avenue, Wildey, St Michael, boarded the public service vehicle B132 and shot and killed passenger 30-year-old Alex Romel Samuels of Jackson, St Michael. The incident took place around 5:40 p.m. while several passengers were on the bus. One passenger gave evidence along with the driver and conductress.

Daniel, in a statement, said his motive for the shooting related to a purchase of a motorcycle that was not paid for; a motive called “frivolous” by Justice Cornelius. However, Daniel maintained his innocence throughout the trial.

The sentencing, according to the judge, was protracted as immediately following the verdict, Daniel had to seek medical treatment and then COVID disrupted the provision of ancillary services to the court as well as court hearings.

This case was the first contested trial where the convicted man was not subject to the mandatory death penalty on a guilty verdict.

The amendment to The Offences against The Persons Act Chapter 1 came into effect on November 19, 2018 and substantially changed the approach to the sentences that may be imposed after the conviction for murder in Barbados.

The Act abolished the mandatory death penalty and sets out those instances where the death penalty may be imposed including in circumstances where the murder occurs with a high level of brutality, cruelty or callousness. Other sections speak to when a death sentence may be commuted and when the court may impose a sentence other than the death penalty.

Section 2 (6) provides that where a court in sentencing a person convicted of murder does not impose a sentence of imprisonment for life, the court may impose a term of imprisonment having regard to the guidelines set out in section 39 and 41 of the Penal Reform Act chapter 139.

“I have considered the need for a whole life term after their [the prosecution’s] arguments and I agree that such a term is not appropriate in this case, for while bloody and brutal, it does not fall within the cases which may be considered exceptionally high in seriousness as it lacks the elements of multiple murder association or a series of criminal acts, suffering or torture, terrorism or explosives,” Justice Cornelius said.

However, she said it was indisputable that a custodial sentence was warranted in Daniel’s case.

The court looked at aggravating and mitigating factors associated with the objective seriousness and characteristics of the offence, she said.

The High Court judge said she accepted the aggravating factors outlined by the prosecution including the degree of planning and preparation, that it was committed in a public place and that a firearm was used.

Attention was also drawn to the facts that Samuels was cowering in the back of the vehicle, unarmed and Daniel shot him three times. The shooter had trouble after the first shot and though a witness urged him to stop, he ignored her, left the vehicle and returned to fire the last shot.

The prosecution said Daniel had a total lack of regard for passengers and Samuel’s mother was left without a son and his daughter lost a father. Defence counsel, Marlon Gordon said the pre-sentencing report and Daniel’s youth would make the prosecution’s suggested 30-year sentence “unrealistically harsh” and instead suggested 20 to 25 years, a reasonable starting point.

Justice Cornelius said “I note too that at the time of the shooting there were several passengers on board whose lives were placed in danger. In addition, this was done at a time in the afternoon when it was a particularly busy time in terms of public transportation. The shooting took place in an area where there are schools, bus stops and generally in extremely crowded situations where the potential for persons other than your victim to have been killed, was great. You had a total lack of regard for the safety of the passengers.”

She said they were no mitigating factors in relation to the offence.

The court considered the sentencings for the gravest types of manslaughter and non capital murder offences in this jurisdiction and region to help Daniel “understand the gravity of his offence” and the decision of a 35-year starting point.

“This was a brazen and cold-blooded killing in daylight in a crowded minibus before many witnesses. In fact, the offence was akin to an execution,” the judge charged.

Justice Cornelius noted that there were no guidelines yet available in this jurisdiction for non capital murder. She said guidelines were taken from “general sentencing principles well known throughout the legal world”.

The aggravating factors in Daniel’s case related to his drug use and violent and aggressive prison life. The court heard that Daniel had 10 infractions while on remand.

His counsel asked the court not to weigh heavily on the infractions as Daniel “would be penalized twice”. However, the court said it would be useful to show the type of prisoner he was.

The mitigating features included Daniel’s lack of previous convictions, his neutral pre-sentencing report, his age and his assessment of being a low to medium-risk to re-offend.

Justice Cornelius said the mitigating features outweighed the aggravating ones in this case and made a downward adjustment of five years to the 35-year starting point.

The 3186 days Daniel has spent on remand were also credited. When deducted from the 30 years, it leaves the prisoner with 21 years 98 days to be spent in jail.

“This was a violent murder which must have terrified and traumatized the witnesses returning home on a peaceful afternoon. It took place on public transportation at the time of day when all manner of people were on the minibus. You used a firearm, you shot the victim multiple times, your stated motive was frivolous and skated dangerously close to some kind of revenge. You left a young child fatherless. A society cannot tolerate such degeneration in peace and good order and this court registers its extreme disapproval and abhorrence of this offence,” she concluded.