Janice Benjamin says the family will pursue an appeal if the November 27 ruling goes against them. Her brother left behind two sons and a daughter.
PHILIPSBURG: --- Rudy Benjamin’s family went to court Friday hoping the manslaughter hearing would send a clear message about the responsibility of police officers to protect life. Instead, they heard prosecutor Ronald Steen ask the Court of First Instance to discharge team leader Ornesto M. Richardson and officers Ivan A. Wijngaarde and Franklin D.A. Mathew from criminal liability for the shooting that killed Benjamin on St. Peters Road. His sister, Janice Benjamin, says she will keep speaking out and seek an appeal if the ruling goes against the family.
“I am hurt, I am disappointed,” Janice told SMN News after the hearing. “I can’t keep quiet.”
Benjamin’s two sons and daughter will live with the loss of their father and the circumstances of his death long after the court issues its ruling. Relatives and supporters filled the John Larmonie Center, some wearing shirts calling for justice. Many left the hall after Steen made his request. The family had come hoping the hearing would lead to accountability. They left fearing it could end without a criminal penalty.
Janice Benjamin challenges Steen’s reading of the video
Janice said she watched the footage repeatedly and at reduced speed. In her reading, her brother put away his phone and stood still with his hands empty as the vehicle approached. She said he extended one hand and put the other on the air pistol at his waistband. She disputes the account that he pointed it at the officers.
Janice also questioned how the footage could confirm that the officers identified themselves when, she said, the video she discussed with Steen had no audio. The officers testified that they heard what sounded like a gunshot before they fired. The source of that reported sound remained unresolved at the hearing.
The officers were responding to reports of a man carrying what appeared to be a firearm. Richardson, who was driving the unmarked police vehicle, pulled up close. The defense said he intended to surprise and disarm Benjamin. All three officers fired, discharging 11 rounds. Nine struck Benjamin, who died at the scene. Forensic examination later identified the weapon as a BB air pistol. The officers said they believed it was a firearm at the time.
Steen’s request puts the officers’ approach under scrutiny
Steen told the court the evidence proved the acts charged as manslaughter. He also said the officers could have kept their distance and tried to speak to Benjamin before closing in, and that the number of shots appeared excessive in hindsight. He argued that the officers nevertheless had reasonable grounds to believe firing was necessary to protect themselves and one another in the seconds before they opened fire.
That distinction is at the center of the family’s disagreement with Steen. His argument focuses on the threat the officers perceived when they fired. The family wants the court to give weight to the decisions that brought them within close range with weapons drawn, and to explain what accountability should follow if a safer approach was available.
Defense attorney Cor Merx asked the court to assess each officer’s actions separately. He argued that the forensic evidence did not identify who fired the fatal shot to Benjamin’s heart or establish precisely when it struck him. Merx sought acquittal where the evidence failed to prove individual or joint responsibility. If the court finds the charges proved, he asked it to discharge the officers from criminal liability on grounds including lawful police use of force and self-defense.
Family says the verdict will not end its search for answers
Benjamin’s cousin Denisco Whyatte told the court that accepting responsibility could help the family begin to find peace. Speaking later on Facebook Live he questioned police training and procedures and said he believed a different approach might have saved Benjamin’s life. He also spoke about how difficult it can be for families with limited resources to pursue answers through the justice system.
Janice said the judge asked fair questions. She remained deeply dissatisfied with Steen’s position and said the family would pursue an appeal if the decision goes against them. Family attorney Safira Ibrahim asked the court for Cg 50,000 to cover documented funeral expenses and compensate the family for its loss.
The Court of First Instance is scheduled to deliver its verdicts on Friday, November 27, at 8:30 a.m. The court has yet to decide whether to accept Steen’s request. Under Sint Maarten’s criminal appeal process, the defendants or the Public Prosecution Service can appeal the verdict. Janice says the family will keep pressing for answers whatever the court decides.