Two of the four accused in the murder of Professor Pairaudeau ‘Perry’ Mars, were yesterday each sentenced to 10 years imprisonment by Justice Sandil Kissoon.
Appearing virtually, the accused Timothy Paul Chance, 23, and Andre Benjamin, 22, who were part of a gang of four involved in the attack, had pleaded guilty in May to the lesser count of manslaughter.
The sentencing was deferred to yesterday.
In handing down the sentences, Justice Kissoon referenced sentencing guidelines as outlined in the Juvenile Justice Act and reminded the court that the defendants were only juveniles at the time of incident.
However, he countered that neither the brutal act committed on Mars, who was an outstanding individual in society, nor the hurt caused on the family could be ignored, despite the defendants’ record of good standing in the prisons.
Justice Kissoon in his sentencing explained that the ten-year sentences commence from the day Chance and Benjamin were arrested.
After their release, they will be subjected to three years’ probation and will be required to report monthly to the Chief Probation Officer.
Both men will also have to engage in educational opportunities made available to them via the court order.
Justice Kissoon noted that as a condition of probation for Chance, he will have to enroll in an Adult Education programme to complete his secondary education and sit the Caribbean Examinations Council exams, writing no less than five subjects.
Benjamin on the other hand will be given the opportunity to pursue studies at the Government Technical Institute or the Guyana Industrial Training Centre to complete a course in electrical installation.
These opportunities, the court ordered, must be made available to the defendants through the Chief Probation Officer or the officer acting on their behalf. Further, a report on Chance’s and Benjamin’s performance and attendance, must be submitted to the court every three months.
At their arraignment in May, the young men had denied the capital indictment of murdering Mars during a robbery at his Prashad Nagar, George-town home on May 12, 2016.
On the morning in May, before their case was called for commencement of trial, the Court was informed via the defence attorneys, of the new course that the young men wished to adopt.
They were subsequently re-arraigned; again denying the indictment of murder, but accepting guilt on the lesser count of manslaughter.
Chance and Benjamin were represented by defence attorneys, Ronald Daniels and Kiswana Jefford.
The jointly-charged duo was among a group of five youths who robbed and killed the retired professor at his home in Prashad Nagar, Georgetown.
During the sentencing yesterday, the court heard from Chance and Benjamin, who exhibited signs of remorse at being involved in the act.
Addressing the court and relatives of Mars, who joined the proceedings virtually, Chance said he was extremely and sincerely sorry for being a part of the group that committed the act.
He asked for the family’s forgiveness and the opportunity to return to the outside world and help his mother and troubled youths.
He declared that given a second chance, he would be able to do the right thing.
“I am extremely and sincerely sorry for the hurt I have caused,” he told the court.
The probation report presented to the court by probation officer Anand Sharma, stated that Chance at the time of the incident was in Fourth Form and when interviewed, admitted to being led astray by his then girlfriend.
He told the officer that he only went along with the plan in order to protect his girlfriend.
The probation officer related to the court that reports from the community pointed to Chance being a respectable and industrious young man. He stated that the community has always observed him working in various jobs to support himself and alleviate his family’s economic hardships.
In his interview too, Sharma noted that he had acknowledged the fact that it is better to earn an honest living than to pay the price he is currently paying.
Chance, according to prison officers, has illustrated excellent academic skills and had placed second in an essay competition, won Spelling Bees, and also taken Anger Management classes to improve himself.
Benjamin on the other hand, in addressing the court, and more so the Mars family said, “I am aware that nothing I say here can ease the pain to the family of Mr. Mars for the loss of your loved one.”
He added, “Nothing I say or do can bring back Mr. Mars. In fact, nothing I say here or do can even come close to saying how sorry I am, how regretful I am and ashamed. I’m deeply remorseful and sorry about this whole situation.”
In the same breath, he stated that he bowed to peer pressure and was only called to the scene after the robbery was committed.
Benjamin explained to the court that since being in prison he has gotten closer to God and it was a wake-up call for him.
“Mrs Mars and your family please forgive me!” He pleaded.
Shamar while presenting the probation report on Benjamin pointed out that he had no prior brushes with the law.
And during his interview, Benjamin indicated that he only learnt of Professor Mars’ death when law enforcement visited his house.
Benjamin explained that he had indicated to his friends when they called him to scene that he did not want to participate. He was given the opportunity to take whatever he wanted from the scene but he decided not to. But after being told that he could leave, he decided to stick around and left in the vehicle when they did.
Benjamin further indicated that he wants to be a role model to young people.
He stated that he has accepted his part in the wrongdoings and would now have to pay the price.
Back in July of 2019, Nikesha Dover, Orin McRae, and Naomi Adams, were sentenced to a combined 34 years behind bars after admitting their involvement in the crime.
Dover and McRae were sentenced to 12 years each, with deductions for time they had spent on remand awaiting trial. Meanwhile, Adams, the youngest in the group – 15 at the time the offence was committed – was sentenced to 10 years with deductions also to be made for time served.
The prosecution’s case is that the youths had gone to Mars’ house, where they assisted in holding him down as others in their company choked him.
Thereafter, the prosecutor said, the group of teens ransacked and robbed the man’s premises.
The victim died as a result of asphyxiation from a bag which was placed over his head, before he was eventually strangled.
Police had said that Mars, 75, also known as ‘Perry’, was found in his Prashad Nagar home with his hands and feet duct taped and injuries to his head.
His house was ransacked and a number of articles and cash were stolen.
Mars, who was discovered by his wife on her return home from Linden, was rushed to St Joseph Mercy Hospital, where he died while receiving medical attention.
Among the items recovered by the police in the possession of some of the teens were a sum of cash, a laptop computer, an iPhone, and a video game console.
The State was represented by Prosecutor Taneisha Saygon, in association with Abigail Gibbs.
