Taxi driver Joseph Williams, who pleaded guilty last week to killing a man and wounding another during an ambush on Water Street, was yesterday handed a 15-year jail sentence by Justice Jo-Ann Barlow.
The indictment against Williams was that on July 8, 2013 at Water Street, Kingston, Georgetown, he, along with persons unknown, murdered Victor Da Silva during a robbery. He had initially denied the charge. However, four days into his trial and after nine witnesses had testified, Williams decided to plead guilty to the lesser count of manslaughter.
Da Silva and his best friend, gas station owner Cecil Gajadhar had been heading to a Water Street bank to transact business, when they were ambushed by gunmen. Da Silva was shot dead while Gajadhar was shot to the side of his head. A bag containing millions was stolen.
Williams’ lawyer, Peter Hugh, had requested a probation report and this was prepared and presented to the court. However, before the report could be read, Williams opted to plead guilty to another indictable charge: attempted murder. The charge against him stated that on July 8, 2013, he wounded Gajadhar with the intent to commit murder.
According to the probation report, Williams was from a stable family and prior to becoming a taxi-driver he was once a member of both the Guyana Defence Force and the Guyana Police Force but had left both disciplined services “due to special circumstances.”
It further related that while he was being questioned by investigators, he had acknowledged that he was part of the plot to commit the robbery but told them he did not anticipate that force would have been used, and a life lost. As a result, the report said, he has shown genuine remorse for his actions.
In mitigation, Hugh highlighted that his client chose not to waste the court’s time by changing his plea. Additionally, he noted that Williams had taken full responsibility for his actions and the role he played in Da Silva’s murder as well as the injuries Gajadhar sustained during the armed robbery.
Hugh asked the judge to consider imposing a sentence that would reflect the role Williams played in the crime. He noted that from the inception, Williams had fully cooperated with police, while adding that he did not flee the scene of the crime but instead waited for police to arrive and related what had happened.
Hugh pleaded with the judge to be lenient in her sentencing as Williams has thrown himself at the mercy of the court.
When asked if he had anything to say, Williams sought forgiveness from Da Silva’s wife and Gajadhar, who were both present at yesterday’s sentencing.
He said, “…I am very sorry for the role I played. I take full responsibility for my actions. I want to ask the family of the deceased to find it in their hearts to forgive me. I want to apologize to Mr Gajadhar for what happened to him. There is not a day that goes by that I don’t sit in prison and think about what happened.”
Before handing down sentence, Justice Barlow explained that she took into consideration what was said in the probation report and the mitigating factors presented by Hugh.
She noted that the probation report painted a picture of the kind of upbringing that a lot of persons would long for. However, Williams’s actions on that day resulted in the death of the 72-year-old and injury to Gajadhar.
And while the court could not clearly say whether or not he knew force would’ve been used during the robbery, she noted that it was foolhardy for him to not anticipate the use of both force and resistance.
As a result, Justice Barlow started with a base sentence of 25 years and took off a total of 10 years for Williams not wasting the court’s time, the time he already spent in jail and his genuine show of remorse.
Additionally, he was sentenced to 20 years in jail on the attempted murder charge. However, six years were deducted for his guilty plea. Since the sentences will run concurrently, he will serve a total of 15 years for both charges.
The state’s case was being presented by lead prosecutor Diana Kaulesar, in association with state attorneys Tamieka Clarke and Tuanna Hardy.
