Attorney bats for 8-year sentence for client who fatally cut wife’s throat
St Vincent native Lennox Da Silva may receive a lesser prison sentence after both the Crown and his attorney cited that provocation was a major factor at play when he killed his wife in 2017.
“It was clear that he was pushed to the brink … It is one of the most unfortunate matters,” the Crown said ahead of the man’s sentencing hearing.
Da Silva pleaded guilty to manslaughter, a crime that can carry a life sentence or a sentence between 14 and 18 years in prison. The court heard that he is also charged with murder, but that offence will be dealt with later.
As for the manslaughter, the Crown told the court that they believe Da Silva’s sentence should begin at the 14 to 18-year margin.
However, the killer’s attorney Patrick Thompson said while the Crown’s suggestion is ‘reasonable’, he is pushing for a single-digit sentence.
With the relevant sentence discounts applicable for Da Silva’s early guilty plea, his expressions of remorse, and him having no previous convictions, Thompson is hoping to secure a sentence in the eight-year range for his client.
Thompson said the mitigating factors clearly outweighed the aggravating ones and the crime fell on the medium-to-low culpability scale.
The attorney also pointed to a report from Her Majesty’s Prison where Da Silva remains on remand. While BVI News has not has sight of the report, the document is said to clearly establish Da Silva’s overall good character.
His attorney said a number of other character witnesses could also attest to this so-called good character before the June 2017 killing.
Justice Ann-Marie Smith will announce the man’s sentence on May 24.
Unfaithful
In the meantime, the court heard that following the killing, Da Silva reportedly told his next-door neighbour that his slain wife Sherika Nelson-Da Silva, who died at 27, was unfaithful.
“Man, she got pregnant for someone else and got an abortion,” he reportedly said.
The court heard that Da Silva further told his neighbour that his late wife was sexually involved with two other men and he followed her to Pockwood Pond and witnessed her unfaithfulness on the night in question.
When she came home, she was reportedly peeved that he had followed her and started packing her bags to leave him, the court heard.
An argument ensued between the two, and she reportedly told him that gunmen should have killed him in Jamaica, referring to an incident which took place while they were in her home country.
Reports are that a gunman had shot Da Silva multiple times at her family’s residence in the Old Pasley area of Palmers Cross, Clarendon.
That incident was labelled as a robbery at the time.
Fast-forwarding years later, Da Silva cut his wife’s throat in the presence of their two young children on June 10, 2017.
“I felt like an evil spirit came over me … I saw black,” Da Silva said.
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he had no reason to kill her still! just let go, let she love up her man them. meano y u guys like to run go marry and kno u goin get horn. plus she was younger wa u expect was goin to happen. and pretty much I sure did she had dealing with u getting shot in Jamaica?
U idiot
I hope this animal never sees the light of day. Kill the woman in front of her child.
He is an animal but what is she if indeed she set up the man to get shot. not saying he is right but you was not in the situation so don’t judge.
Unfortunately jamaicans think they are the only ones to use and kill. They never expect payback. Not from God or man. We remain naive if we think our differences in culture does not play a role in these kinds of situations. Of course she did not deserve to be killed but we don’t get to decide on consequences especially when we dish out nasty plays too.
Jamaicans seem to be the only people who set up others,commit other crimes and don’t expect pay back I see. You are very ignorant. I suggest you go back into the cave you crawled out of and rethink your comment..
Ochoo is a Good man despite circumstances . I donot agree with how he handled the situation So I will say , let justice be served and Mercy tendered
He is a good man, let one of the minister testify for him that he is church going and he always paid his bus tickets..NO CONSEQUENCES BVI – LOVE THIS PLACE!
Proverbs 5: 4 says, she is Bitter Wormwood combined with a sharp double-edged sword. Verses 8, 9: stay away from her; you will reap years of what is cruel. TRUTH!!!
Keep letting anyone into the country.This is what you reap.
I married a Tolian and he nearly killed me with blows…I’m just strong enough to get out…Tolians need to look in the mirror and judge home first cause I know a lot of them that need prayer!!!
When you tie them you need to tie their hands and feet or you will get blows. Only so long they will let you get away with your badness…then you have to pay.
Didn’t see this comment coming…dwl.
I am from Tortola and was married to a man from Tortola and I had to run for my life to get away from the beat downs he use to inflict on me. The last beating, I went and got some gasoline and douse him with the gasoline while he was asleep, the only reason I didnot strike the match is because his mother begged for his life
You said a “tolian” nearly kill you. Can it be a case of “reaping what you sowed”. Every story has at least two sides AND for sure “ Do So nah Like Do So “
Bruce, you are probably no different from the deceased why the Tolian man nearly kill you with blows, as you claim. You all come here on a mission to marry off locals for whatever reasons other than “LOVE” and would have other men on the side. That s**t is so wrong. You all need to stop playing games with people emotions. You don’t want the man, leave him alone and move on with your dirty, money loving life.
Imagine some of you foreign women would bring a man from your country that you had and still have a sexual relationship with and bring them in the home that you share with your man or husband and tell the man you’re living with, “it’s your family” and this guy is “Your Man”. What you all get in the end result are you all fault, even if it’s death. I would say to any man, “these scraps that come here on a mission aren’t worth losing your freedom in prison for”.
Let the low life go,let her go because she will not do good in life. What goes around, comes back around. Women, this is something you should never forget.
This comment is wrong on all level. It don’t matter where you come from. There is no excuse for Abuse. Do you have a mother, a sister or worst are you a woman. Remember what goes around comes around.
All the best in the future as I have a strong feeling your going to need it.
stop being racist
That is WHAT I SAY – ONE MUST BE CAREFUL WHO BECOMES LIVING IN THE BVI – YOU LET ANYONE BECAUSE THEY ARE FROM OTHER WEST INDIAN COUNTRY. NO – NO – YOU HAVE TO LEAVE A BUNCH OIF THEM IN THEIR HOME LAND AND MAKE THEIR ISSLAND RIDDLING WITH CRIME. NOW WE ARE GETTING A BAD NAME – SEND THEM BACK TO THEIR HOME LAND AND DEAK WITH THE ONE’S BORN BVI ISLANDERS VERY – VERY HEAVY- VERY HEAVY WITH BIG PUNISHMENT – DO THE CRIME WE DOUBLE THE TIME. DO THE CRIME DOUBLE THE TIME. I FEEL IF YOU ARE GIVEN AN OPPORTUNITY TO LIVE IN THE BVI – ONE MUST SHOW APPRECCIATION IF NOT SEND BACK TO THEIR HOME – ONE MISS STEP TURNS TO CONTINUING DOING BAD. SEND THEM BACK – LET THEM DO THEIR CIME IN THEIR HOME LAND.
There is nothing wrong in Mr. Fahie getting a new auto, what is wrong is that the tender process was not used. It is quite possible that the same auto could have been purchased at a lower price if the tender process was used.
Wrong story boss….
Provocation as a major factor in slaughtering someone you profess to love?? Are you serious? We’re all provoked at some time in life. is that a reason to kill?
It says he is also charged with murder. Did he kill someone else?
How could the deliberate slaughter of another- especially in front of her children- be on the medium to low scale of culpability? It seems deliberate and premeditated to me. The last such incident involved a man named Campbell who went to the gallows for it.
This is a clear case and arguement for restoration of the death penalty.
Didn’t you hear the man said he was overcome by an evil spirit? That it felt like an evil spirit came over him? Evil spirits are associated with adultery, idolatry, murder and the like.
Sounds like the victim too was overcome by an evil spirit. Are good spirits associated with the aforementioned acts?
Who are you to condemn the man and say he did it premeditatedly or deliberately? Were you there, in his mind, in his mental state? But, he must now suffer the consequences of his evil actions. So, then stick to the facts!
And another thing, people whether male or female like to mentally control others. Feel that they can do what they want with other people’s lives. We ALL know that there are wicked wicked wicked people amongst us dress up as angels. And I am not referring to murderers but subtle evil doers who know who they are and who are pretending to be someone that they are not.
So so very sad and frightening to read this reply.
There’s no way to develop a meaningful conversation with this blessed soul.
I think you’ve misunderstood. Provocation is a technical defence in law that can change a murder charge into a manslaughter conviction and can also be a mitigating factor for sentencing – cause a person to get a lesser sentence than they might have without the provocation. In these circumstances, the love of your life telling you after you caught her cheating that same night that you should have died in her country on a visit there while packing her bags to leave you would seem to check all the boxes. Absolutely not saying what he did was right but I can understand how he lost his mind in that moment. Pre-meditation suggests something entirely different – a prior plan to commit the crime. You can deliberately kill without premeditation.
This report and some of these comments are so disturbing. So disturbing. It does not surprise me that the Crown is advocating a lighter sentence, because from my experience dealing with them, they often appear to be in bed with the defense.
Speaking of the defense, I am not surprise with their position. I expect that of them. That’s their job, but the Crown? Shame on them.
People should know that if you have a family member who have been murdered in the BVI do not count on the Crown to get you justice. They will throw you under the bus, disappoint you, and let you down.
From my experience, their inclination is not to fight for you but to settle. It is up to the victim’s family to fight for their love ones, and that fight may have to entail fighting with the very same Crown that should be fighting on your behalf.
What both sides are essentially saying when they argue for this much lighter sentence is that this young lady deserved her faith, which was being killed in the manner she was, in front of her children, because she was so unfaithful that it justifiably provoked her husband to kill her.
Bull crap!!!!
I don’t care if this young woman was unfaithful with a 100 men, Mr. Da Silva had no right to take her life. He did not own her.
She reportedly was trying to pack her bags and leave the home. Mr. Da Silva should have calm down and let her leave at that moment rather than taking the action he did. But he couldn’t, because he wanted to control her.
If her alleged unfaithfulness was so unacceptable to him, he should have divorced her, but to kill her, and then try to act like he is some poor victim is ridiculous!
He had a choice to leave the relationship like she wanted. He chose to kill her rather than leave.
He appeared to be a controlling man, following the woman around to see who she was with. His actions is that of a controlling man, who preferred to kill a woman rather than let her leave.
If he could not have her, then no one could. It’s indefensible.
As I said, I had a similar experience with the Crown. It was in regards to my own family member being murdered. Despite the perpetrator of the crime was eligible for life imprisonment, the Crown came to my family, and suggested a similar sentence in line with what the defense was asking.
Well, my family objected loudly to the Crown, and let it be know that what they were proposing was unacceptable to us. Realizing we did not have the Crown’s full commitment, we wrote a victim impact statement to the judge which was quoted out loud by the judge in court.
It’s affect was meaningful and turned that case around. The monster that killed my family member now sits in Balsum Ghut for life no thanks to the Crown.
I urge the family of this young woman to speak up on her behalf. She cannot fight for herself, and they cannot let this impending lenient sentence stand.
As for my fellow bloggers who are here proclaiming Mr. Da Silva was such a good man, let me say to you, that good people don’t kill others. Thou shall not kill.
I would submit to you that his wife was probably a good person person also despite all her alleged affairs. If her only sin was alleged unfaithfulness, she did not deserve to be killed for it.
Marriage is a civil and legal contract. There was a way out short of murder. There is a court called divorce court. The same way you got into a marriage is the same way you can get out. You just have to file.
I hope none of you ever have to walk a mile in this young lady’s shoe, and your family will never have to settle for a less than ideal punishment allowable under the law because some lawyers decides that your family member provoked your accuser, so you are partly to blame for your death, and therefore the perpetrator should get a lighter sentence.
Stop making excuses and attempting to justify this man’s action. If every person who kills another is deemed a good person, then no one will ever be held fully responsible for their actions.
IMO, Mr. Da Silva deserves more time than is being proposed, and I hope on behalf of the family that the judge can see thru it all, and render a more appropriate punishment. After all, she is not bonded by either sides recommendations.
Meanwhile, the family needs to put pen to paper, prepare and submit a victim impact statement, and show up on sentencing day, look Mr. Da Sila in his eyes, and have their say.
Good people don’t wh@re and attempt to EMOTIONALLY destroy others. If her @*s had wanted to leave, she should have done so a long time. Not when she was CAUGHT. Sick @*s people – want them cake and still eat it. A coin has 2 sides.
NO ONE get up and kill good people. There are sooooooooo many sick sick sick people who do not give a damn who they hurt in the process of their wickedness. In the END, sick, evil people only hurt themselves.
She could have been the world’s biggest wh@re, he had no right to kill her. He could have left as much as she could have left.
Your mindset is just like his apparently. With your mindset, you are bound to do the same if face with a similar situation.
Women should avoid people with your mindset. No one owns anyone. A person who talks about being emotionally destroyed is a weak one. Women should avoid such people like the plague.
Thou shall NOT commit adultery.
Godly marriage is a SACRED arrangement. It is of DIVINE origin. Matthew 19: 6 – what God has yoked together that you shall honor.
Your comment: “Marriage is a civil and legal contract.” That’s the world’s view, not Almighty God’s!
Yes, he should suffer appropriately the consequences of his actions.
Pointer: Since we all want justice, let’s go back to what was written concerning adulterers and murderers. They shall be stoned to death. The laws of God still higher than those of man. So, she should have been stoned to death and he would have had no reason to murder her!!! Amazing, isn’t it?
Sir/Mam. We do no live under a theocracy. We live in a representative democracy guided by a constitution and a legal system that prescribes specific punishments for determined crimes.
You are living a previous era. Thankfully, the days of stoning women to death for alleged adultery is behind us in most of the civilized world. Get with the program. We are in 2019.
The way of living a life according to the Bible is a previous era? Then that’s why he killed her.
Humans changed the era of living and that is why there are so many idolaters, adulterers and murderers, thieves and liars.
And your first blog commenting on thou shall not kill is pointless. For that command is from the previous era.
What kind of person(s) would argue that a murdered individual somehow deserved their death? I would argue a soulless one, and also not one of good moral character.
I am so thankful that I am not one of those individuals, and for the rest of my life I hope that I will never be.
The attitudes expressed on this blog about this case and others helps explain something I have always thought: many of you have lost your souls, and moral compasses.
That is why there are over 3 dozen unsolved murders in this country with no answers in sight.
Some of you are probably the same ones who blame the RVIPF for not solving those unsolved murders. But how can the police solve crimes without the public’s help and with attitudes such as yours.
Just that you know, murder has always been one of the most serious crimes across all civilizations past and present. The BVI is no exception. We are just arguing over the degree of punishment.
Also, I cannot be smart and stupid simultaneously. That’s an oxymoron. Furthermore, I do not need you to validate who I know myself to be.
I can handle anything you throw at me on your best day, but why waste my time with a soulless morally bankrupt person?
In another life it would have been nice to a part of the Office of Public Prosecution as a victim advocate, but that was not my calling. If it was I would be certain to get as many criminals off the streets as possible and have them locked away for as much time as the law allows.
People like you would be a low hanging fruit ripe for picking and a one way ticket to Balsum Ghut.
Anyway, I’ve said enough on this topic. May justice be done so that this young lady who met her untimely death be finally be able to rest in peace.
Good night.
and murderers… should be stoned to death aswell, like you said.
He is a victim of her adulterous behavior and she was a victim of his muderous act. So, they equal for he will always be a victim of her adulterous behavior until he dies.
Adulterery ALWAYS come with severe consequences.
If women killed all the cheating abusive husbands with the argument of provocation, a lot of men in the BVI would be dead. Remember, “my mistakes are no worse than yours, just because I’m a woman.” If the roles were reverse, would the woman get mercy?
Bruce you sound so DUMB with the statement you made. All I will say is let JUSTICE prevail.
It’s fact and stupid
A number of them foreign women are bad as h**l.
They know they don’t love nor want the men them but would go as far as to marry them & still going with all kinds of other men. They’re so disrespectful & are shameless with it.
A lot more gonna lose their lives becuz they love money too much & that gonna be their down fall.
Women work, be independent & take care of your own selves.
Stop using men financially & emotionally & u’ll live a longer & better life.
Let her RIP …
What you sow, you reap …
Greed and the love for ?- the root of all evil!
If she set up her man to be robbed and shot while handing him at the same time she deserves whatever judgement fate brought to her. Life is about cause and effect.
Mr Dasilva have no right leaving his first wife. facts allow them to leave if they want to leave. But I can assure you they gonna end up with worst than you. now look what happen. God don’t sleep.
its bad. very bad but this was not premeditated.
If he had any doubt she set him up to get robbed and shot in jamacia… when she said he should have been killed that erased all doubt.
Be real. man or woman to know someone you trusted with all your heart set you up to get robbed and killed.
and to spit that in your face while you are already emotional.
I would snap.
it just so happened she died in a moments error.
all this hypocritical talk talk talk.
She literally tried to have him killed and just about admitted it to his face in his darkest moment.
who is to say she wouldn’t try it again.
ayo aint real.
Sometimes we women not easy too I thought my man was cheating when he come hm I slap he he went for his cutlass but I don’t back down one would die the other in jail.
A lot of you women are hypocrites. You enjoy watching “Snapped”, a tv show dedicated to women losing their cool and killing men in the heat of the moment. This man clearly had his snapped moment but instead of empathy you call him an animal and wish for him to be punished to the full extent of the law.
Let me remind you of he case of the woman who killed the man with the rat tailed comb and was also convicted of manslaughter and sentenced to 10 years in jail. She appealed and lost but they reduced her sentence by over a year. The dead man couldn’t tell his side of the story so everybody had to rely on the word of the killer.
If 8 years is too low for this man then why was less than 9 years acceptable when a woman does the killing.
did she kill him in front of 2 children and from what i remember she took her judgment,.. really now man forget the woman and think about the kids for a min..