Benjamin was struck nine times. His family asked the court to hold them accountable. A ruling is due November 27.
PHILIPSBURG:--- Three police officers fired 11 rounds at Rudy Benjamin on St. Peters Road, hitting him nine times. Team leader Ornesto M. Richardson and officers Ivan A. Wijngaarde and Franklin D.A. Mathew each face a manslaughter charge. On Friday, prosecutor Ronald Steen told the Court of First Instance that the evidence proved the acts charged as manslaughter against all three officers, then asked the court to discharge them from criminal liability on grounds of self-defense.
At the start of the hearing, defense attorney Cor Merx questioned whether Steen, a prosecutor from Curaçao, had the authority to prosecute the case in Sint Maarten. Steen argued that he was authorized to appear. The court heard both sides and proceeded with the hearing.
Steen described the decision as the hardest of his 30 years as a prosecutor. He told the court the officers could have given themselves more time and space by keeping their distance and trying to speak to Benjamin before closing in. In his assessment, the officers nevertheless had reasonable grounds to believe that firing was necessary to protect themselves and one another in the seconds before they opened fire.
Officers drove close with weapons drawn
The shooting occurred around 9 p.m. on February 13. The court heard that a 911 caller reported a man on Grapefruit Road waving what appeared to be a firearm and threatening that someone would die and have their head blown off. Dispatch alerted the officers to a man carrying a weapon on St. Peters Road who appeared intoxicated. The officers said their FLEX team was assisting other units because several departments were short-staffed.
Footage reviewed in court showed the unmarked police vehicle circling the block before returning to the main road. Richardson, who was driving, told his two colleagues to draw their weapons. The plan was to pull up close, get out with their guns drawn and identify themselves as police. The officers said they hoped the surprise would prompt Benjamin to surrender. In the defense filing, Richardson described his plan as tackling and disarming Benjamin before arresting him.
Wijngaarde said Benjamin pointed what he believed was a firearm at him after police identified themselves. Merx said Richardson and Mathew described seeing a movement involving the weapon, hearing a bang, and fearing for their colleague and themselves. The judge and Steen questioned whether Benjamin had pointed the weapon at the officers, pointing to evidence that the weapon was tucked into Benjamin’s pants as they approached. The court heard that Benjamin extended his right hand toward the officers while placing his left hand on the weapon. Forensic examination identified it as a BB air pistol. The officers said they believed it was a firearm when they confronted him.
The officers testified that they heard what sounded like a gunshot and then opened fire. The hearing did not establish the source of that reported sound. One officer fired five rounds, another fired four, and the third fired two. Benjamin died at the scene.
Court questions the decision to close in
The officers said they had seconds to react and attributed the number of rounds fired to panic and adrenaline. They told the court they had never previously discharged their firearms in the line of duty. They expressed remorse, apologized to Benjamin’s family and spoke about the toll the shooting and public scrutiny had taken on them.
Steen said the number of shots appeared excessive in hindsight. He argued that the officers were trying to stop what they perceived as an immediate threat.
The court also heard about guidance from a police firearms instructor. Officers are trained to keep a safe distance where possible, use available cover and give themselves room to react. The instructor explained that officers facing a gun pointed at them are trained to respond without waiting for a shot. Steen cited the National Detectives’ investigation and argued that, given the dispatch report, what the officers saw, and Benjamin’s movement toward the weapon, the force was legally justified. If the judge accepts that argument, the officers would face no criminal penalty for the shooting.
Defense asks court to assess each officer’s decision to fire
Merx asked the court to examine what each officer could see from his position, when he fired, and whether he could tell when the danger had passed. The defense argued that the video does not establish the timing of every shot and that a later frame showing a pistol-shaped object on the sidewalk cannot establish when each officer could have seen it there.
Merx also argued that the locations of spent casings did not establish exactly where each officer stood when he fired. He said the supplemental forensic medical report did not identify who fired the fatal shot to Benjamin’s heart, establish exactly when it struck him or determine whether it immediately left him unable to act. Merx asked the court to decide the cases on the available evidence and did not seek an adjournment to resolve those questions.
The defense sought acquittal for each officer unless the court found that the prosecution had proved the required intent and that the officer was individually or jointly responsible for Benjamin’s death. If the court finds the charges proved, Merx asked it to discharge the officers from criminal liability on grounds of lawful police use of force or defense of themselves or a colleague.
Merx also argued that the officers could be excused if they reasonably but mistakenly believed they faced an immediate threat. If the court finds there was a real threat and the officers used more force than necessary, Merx argued that the court should consider whether intense emotion caused by that threat drove their response.
Merx offered condolences on behalf of his clients and told Benjamin’s relatives and the St. Peters community that the hearing should clarify what the evidence established, what remained disputed, and which questions remained open.
Benjamin’s family asks for accountability
Relatives and supporters filled the John Larmonie Center on Pondfill Road, some wearing T-shirts calling for justice. The hearing proceeded without disruption. Many in the audience left after Steen asked the court to discharge the officers from criminal liability.
Benjamin’s cousin Denisio Whyatte urged the officers to take responsibility for their actions. He told the court that everyone can make mistakes and said he hoped accountability would help both the family and the officers find peace.
Family attorney Safira Ibrahim said Benjamin left behind two sons and a daughter. She asked the court to award the family Cg 50,000, which she described as the maximum claim available in the criminal proceeding. She asked that the award cover documented funeral expenses, with the balance going to the family for its loss.
The Prosecutor’s Office said Steen met with Benjamin’s relatives and community representatives before the hearing to discuss their concerns and questions about the investigation.
The Court of First Instance is scheduled to rule in all three cases on Friday, November 27, at 8:30 a.m.