Man guilty of hatchet attack over $20 loan

(CNS): Gioser Acosta Gonzalez has been found guilty of wounding with intent after he attacked a man with a hatchet, wounding him in the head, during an argument over a $20 loan. Justice Roger Chapple convicted Gonzalez on Monday after hearing the case without a jury in a short trial at the end of March. Based largely on the evidence of the victim, Richard Ebanks, and two conflicting witnesses, the judge rejected Gonzalez’ claims of self-defence, which he found was at odds with all of the circumstances of case, especially a recording of the victim’s 911 call as he drove himself to the hospital while trying to stem the bleeding wounds on his head with a t-shirt.

According to the evidence presented by the crown, Gonzalez and Ebanks had entered into an angry and drunken confrontation over the small debt in a yard in West Bay last October. Ebanks, who was described as being drunk and belligerent, had initiated the altercation when he demanded his money back, but at that point the exchange had gone no further than verbal assault, finger pointing, prodding and pushing.

But when Ebanks turned his back to move his van, which was blocking a driveway, Gonzales took up a small hatchet he had been carrying and whacked his victim on the head twice with it. This account was supported by Brad Ebanks, who saw the altercation.

Giving a different version of events, Gonzalez claimed that the two men had engaged in a full-scale fight and during the struggle Ebanks had bashed his head against a concrete wall, causing the injuries, which he said he had not intended. Gonzalez’ fiancée, April Manderson, was called as a prosecution witness by the crown but then supported his account of the incident. However, the judge questioned whether Manderson was actually present during the entire course of the incident.

In his ruling, the judge said that at the time of the incident Manderson and Gonzales were no longer in a relationship. They have since reconciled and she is now carrying his child. “I was troubled by the evidence of Ms April Manderson… I am left to wonder whether she in fact witnessed the events,” since no one else mentioned her being present, he said.

The judge said he found Brad Ebanks’ testimony supportive of Richard Ebanks’ account, as was the 911 call. “The audio recording of the 911 call, which I have listened to again in the course of my deliberations, is particularly compelling evidence,” Justice Chapple said, dismissing the defence claims that he had fabricated the story he gave to the operator.

“The call was made very soon after the event in what were undoubtedly difficult circumstances for Mr Ebanks. He had very recently sustained three head wounds; he was losing blood, trying to stem the flow of blood by holding his T-shirt to his head, whilst driving himself to hospital and talking to the operator,” the judge found. He further noted that Ebanks made 13 references to a hatchet in the 15-minute call, which was wholly consistent with the accounts he has continued to give since.

“He explained what had happened to him, where it had happened and who had caused his injuries. His account to the 911 operator was, I am sure, spontaneous – made while his mind was still dominated by the incident in which he had been injured. He was obviously and understandably concerned about his injuries and that he might lose consciousness. The idea that he would have had the time, wit, ability or inclination to concoct an account of events is one I can and do confidently reject.”

The judge also pointed out that during the course of the call Ebanks made it clear he wanted to take his own revenge. He had said, “He make my blood bleed, yo. Yo, so I wanna go back and kill him but I know I bleeding a lot of blood, so right now I can’t do that right, but he better ask God to bless him, you know, because I go get charge for murder for him, yeah.”

Justice Chapple commended the unknown 911 operator who handled the call with Ebanks as he drove from West Bay to George Town with the severe head injury.

“I cannot leave this case without mentioning and drawing attention to the dedication to duty of the emergency services operator who handled the 911 call,” he stated. “She was faced with a difficult and potentially dangerous situation. Plainly Mr Ebanks should not have been driving that afternoon, given the state he was in: he was badly injured and was losing blood. He had taken his T-shirt off and was using that garment to stem the flow of blood from his head wounds – so presumably he had at least one hand off the steering wheel. It is clear from what he was saying that he was concerned about losing consciousness. He was, to the operator’s knowledge, driving a large van and presented an obvious and serious danger both to other road users and to himself.”

The judge said the operator recognised those dangers and made sure Ebanks stayed on the line until he had arrived safely and without incident at the hospital.

“She achieved that by deploying considerable skill and expertise. The call lasted some 15 minutes. No one who has listened to the audio recording of that call could fail to be impressed, as I was, by the calm and professional way in which the operator handled Mr Ebanks. She was, as appropriate, compassionate and concerned, but firm and authoritative when required. I do not know who she was but I hope she can be identified in order that my words of praise and my admiration for her conduct can be conveyed to her, to her immediate supervisors and the Commissioner of Police. I commend her for her conduct, her skill and professionalism. She is a credit to the emergency services and deserves the gratitude of the community,” he added.

Gonzales is now due to be sentenced in July.