Long Piece resident to spend 22 years in jail for killing his friend

A man who killed a fellow villager whom he considered his friend was sentenced to 22 years in prison after it was concluded that a degree of provocation led him to retaliate with his cutlass.

However, Frankie Joseph, a resident of Long Piece, North Union will only spend 18 years, 10 months and 24 days behind bars after time spent on remand was deducted when he appeared in the High Court #2 on March 29 for sentencing.

The jury found Joseph guilty of murder on November 15, 2022. He had been charged that on February 21, 2020 with malice aforethought he caused the death of Henry Parsons by an unlawful act.

According to a summary of the facts, a karaoke event was being held at a bar called “Kiss me Neck” at Long Piece, North Union where Parsons and Joseph were present.

The bar owner’s daughter observed Joseph entering the bar with a cutlass in his hand and begin speaking to her father. Parsons then spoke to Joseph and told him to hold the cutlass properly as he could cut someone.

Joseph began arguing and continued doing so outside.

A witness testified that he asked Joseph where he was going with the cutlass and he offered to take it, however Joseph responded that he was going to kill someone that night and he continued arguing.

The judge said that the witness saw when Joseph entered the shop and when he exited and he also saw when Joseph pushed Parsons after he approached him twice. Parsons then protested that he had not done anything to Joseph, then left the bar.

Parsons returned to the bar and began cursing Joseph, telling him that he has his hammer and acid in his pocket.

Parsons began hitting the hammer against a wall. He was also seen pointing the hammer Joseph, as well as hitting it against Joseph’s leg and threatening to kill him.

Joseph then chopped the deceased on his left leg and witnesses also said he used the cutlass to hit Parsons. Joseph told a witness the cutlass was his weapon and another witness testified that he saw Parsons sitting in front of the shop door with his head leaning on a speaker. His foot was bandaged and there was a lot of blood coming from the injured leg.

Police were called to the scene, where they found Parsons unresponsive.

Joseph was later arrested and during an interview with police, he admitted that he chopped Parsons but it was because Parsons fondled his buttocks.

He said he knew Parsons and he considered him his friend and they would drink together. He however said even after he spoke to Parsons about what he had done, Parsons touched him again.

Joseph said the deceased approached him with the hammer and he then chopped him and moved away.

Justice Angelica Teeluksingh said based on the facts of the case a whole life sentence was not an appropriate starting point of the sentence.
Being guided by the sentencing guidelines, she started at determinate starting point of 30 years.

She found aggravating of the offence was that it is one which was committed in a public place in full view of members of the public. The aggravating factor resulted in an upward movement of the sentence by three years.

The mitigating factors were then considered and the Teelucksingh highlighted that Joseph was provoked to some extent by Parsons. She said that the deceased approached Joseph twice, cursing and threatening him as well as hitting and pointing the hammer at him.

However, she noted that there was no evidence that Parsons touched Joseph’s buttocks, however a witness testified that before Joseph interacted with Parsons, he was overheard saying that he was going to kill somebody and his plan was to tell the magistrate that someone had tried to “bull him” (bugger him).

The judge also found that another mitigating factor was that the act was an intention to case serious bodily harm rather than to kill based on the injury inflicted and the evidence from Pathologist Dr Ronald Child.

When she looked at the mitigating factors of the offender, the judge found none but she highlighted that Joseph had a previous convictions for wounding with a cutlass in 2006. She sad that while the conviction was not considered, Joseph will not be considered as having good character.

Joseph has good prospects for rehabilitation, however based on the submissions made by defence counsel and the contents of a social inquiry report. The prisoner also expressed genuine remorse and cooperated with police. These were considered mitigating factors by the judge.

Joseph apologised to a relative of the deceased who was present at court.

“ I am so sorry that how the thing happen right, I didn’t really go to kill the man…l him…I’m so sorry, the way I feeling right now, if i could ah give him back his life ah wudda give him…”

He also asked the court for mercy.

The mitigating factors resulted in a downward adjustment, bringing the sentence to 22 years.

Joseph has already spent three years one month and 3 days on remand and this was subtracted bringing his sentence to 18 years 10 months and 24 days.

Joseph was represented by counsel Jomo Thomas while the crown was represented by assistant Director of Public Prosecution Karim Nelson.