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DH | Shooting victim sentenced for possession of an Uzi

HomeMediaDH | Shooting victim sentenced for possession of an Uzi
Uzi

PHILIPSBURG–Erno W.D. Labega (35) was sentenced Wednesday to twelve months in prison for the possession of an Uzi submachinegun.

Labega was one of seven suspects sentenced to six years in November 2012 in the “Vesuvius” investigation for membership in a criminal organisation involved with several murders, gun possession and other illegal activities.

Labega was shot at by unknown person(s) in front of his home in Madame Estate at approximately 1.45am December 21, 2017.

At the moment Labega arrived home in his car some 20 gunshots were fired. He escaped a certain death by hiding between his car and a fence.

As he had been shot in the face he was transported to St. Maarten Medical Center for treatment. Thereafter, he was taken into custody because the police found the Uzi in a wardrobe at his residence. Labega said he had purchased the semi-automatic weapon two years previously.

Another firearm was found on the street behind Labega’s car. As there was blood found on the weapon, and there were no other casualties besides Labega, the Prosecutor’s Office found him guilty of possession of two illegal firearms. For this crime the Prosecutor called for a prison sentence of 16 months.

In finding possession of the handgun proven, the Prosecutor took into consideration that one undamaged bullet belonging to the gun was found on the passenger seat in Labega’s car.

The suspect denied possession of the gun, and his lawyer Shaira Bommel pointed out that the weapon in question could have misfired and been dropped by one of the unknown assailants.

According to the Prosecutor’s Office, the defendant had been the victim of an assault and had been ambushed by someone who wanted to take his life.

“Violence leads to violence,” the Prosecutor said about Labega’s possession of not one but two firearms. “Firearms are a big problem in St. Maarten. They do not belong on the island,” he said.

In demanding 16 months the Prosecutor considered that Labega had been a target and victim in the shooting. He called on the Court to immediately retake Labega into custody after rendering a guilty verdict.

Lawyer Bommel maintained that the weapon found on the public road did not belong to her client. She stated that investigations by Netherlands Forensic Institute (NFI) had not established that the substance found on the gun was in fact blood, or that it was Labega’s blood.

She said her client had made a “wrong choice” in purchasing a weapon and storing it at his home.

The lawyer informed the Court that her client was following a course in construction management, as he wanted to “contribute to the reconstruction of St. Maarten where he has been residing all his life.” She pleaded for a sentence equal to her client’s pre-trial detention in combination with community service.
After a brief recess the Court announced it only found the possession of an Uzi proven, as a re-enactment of the shooting incident had not taken place.

The Judge did not lift the suspension of the defendant’s pre-trial detention. Therefore, he remains a free man, but will not be allowed to commit new crimes and may not have a passport.

Bron: Daily Herald

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