ST JOHN’S, Antigua – Potters resident Sylvester “X Tool” “Carey” Lindsey, having waited two months to know his fate, will have to hold on a bit longer after a High Court judge has delayed sentencing him.
Lindsey, who pleaded guilty to a murder charge in November, last year, appeared before criminal judge, Justice Richard Floyd who reserved his decision (sentence) after hearing submissions by Director of Public Prosecutions (DPP) Anthony Armstrong and a plea of mitigation on Lindsey’s behalf by his attorney Steadroy “Cutie” Benjamin.
The 24-year-old man was accused of shooting to death Drew Golan, an Australian boat captain on Thursday January 22, 2009. Golan was reportedly walking on the Pigeon Point Road in English Harbour with his wife and child.
Reports are that Lindsey, who was with three other people in a van, exited the vehicle and approached the Caucasian couple.
He demanded money, but Golan refused to comply with his requests and Lindsey struck the Australian man in the head with a knapsack. In retaliation, Lindsey drew a firearm and shot Golan three times before running back to the van and driving from the area.
Golan was rushed to Holberton Hospital where he was pronounced dead on arrival.
Lindsey, dressed in black pants and a green-and-white striped long-sleeved shirt, sat with his head bowed in court as the DPP addressed the judge.
Lindsey apologised to the court for causing the death of the visitor, which he said was not intentional.
“I am sorry for the act I carried out and in my heart I am very remorseful. I never intended to kill Drew Golan and I am sorry,” said Lindsey, who has been in custody since February 2, 2009.
Armstrong told the court the facts being relied upon by the Crown is the evidence that was led throughout the trial before Lindsey admitted to killing the boat captain.
He said Dr Petra Miller Nanton performed a post-mortem on Golan’s body on January 28, 2009, and added that she found four penetrating wounds and multiple bruises. Of the four injuries, one was an exit wound, according to the pathologist’s report.
Armstrong said the Australian man died as a result of massive internal haemorrhaging due to penetrating wounds to his heart and left lung.
The DPP told the court that the doctor’s findings are consistent with the testimony of witnesses who recounted hearing three loud explosions sounding like gunshots. Armstrong said the action of the convicted man was reckless.
“Persons coming to this country would like to enjoy a peaceful vacation. This (the shooting) took place in open view of his (Golan’s) fiancé and young child and in plain view of his (Lindsey’s) own friends.
“He was callous and did not care about who he was striking down – a man in open view of his (Lindsey’s) friends. This type of offence committed by the prisoner was callous, unprovoked and senseless,” Armstrong said.
The director of public prosecutions told the court that he was unable to find any mitigating factors in this case and added that he hoped his failure to find any was not because of his lack of diligence.
“The deceased did not stand a chance. He was not shot once, but three times. Being shot in that fashion with a gunshot penetrating the heart is very serious.
“Golan was trying to ward off the attack and in retaliation – a gunshot to the heart. The aggravating factors far outweigh the mitigating factors,” Armstrong said.
The DPP was against the Potters man being given the customary one third discount for entering a plea of guilty.
Armstrong said this (the discount) was a rule of practice and not a rule of law, which Benjamin conceded was a fact.
Benjamin told the court that Lindsey’s age (in his early 20s when the offence was committed), his remorse and his guilty plea are very strong mitigating factors the court should take into account.
Lindsey, who represented Antigua overseas in a debating competition, has indicated that he is willing to accept counselling.
(More in today’s Daily OBSERVER)