A jeweller from Oostakker, near Ghent (East Flanders) has been given a suspended prison sentence after he was convicted of manslaughter committed under provocation. 5 years ago, the jeweller shot dead one of two armed men that had robbed his shop. While the court expressed understanding for the jeweller’s actions, the judge said that he should not have taken the law into his own hands. He was sentenced to ten months in prison and a fine, both of wish are suspended.
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Suspended sentence for East Flemish jeweller that shot robber dead
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In July 2018 two heavily armed man entered a jewellery shop in Oostakker. They filled up a bag with jewellery and made their escape on a motorbike. The jeweller went after them and fired four shots. One of the robbers was shot and killed.
The jeweller has been convicted of manslaughter carried out under provocation. This means that the court feels that the jeweller was conscious of his actions and had intended to kill the robber. However, his actions were provoked given the level of violence that had proceeded the shots being fired.
The jeweller had pleaded irresistible compulsion and had said that he didn’t remember very much about the shooting. His lawyer Walter Van Steenbrugge told the court that his client had lost control of himself at the time that the shots were fired. However, the court thought differently and in passing sentence the judge said “His judgement impaired, but not completely disabled. The man went to his safe to take his weapon. This was not done on automatic pilot. The fatal shot was fired from just over 2 meters. He then fired two more shots while the one robber was already on the ground. He picked up a cartridge lying on the ground and put it in his pocket, trying to make off with bullet casings. He also planned to continue his pursuit of the robbers."
The court in Ghent did show understanding regarding the circumstances in which the shooting took place. "The man had been very deeply affected by the robbery, during which his elderly father had become unwell. When his display cases were emptied, he saw his life’s work disappear. He was in a state of emotional meltdown, not least because like many jewellers he was not insured against theft. What he did is certainly excusable.”
Nevertheless, the court wished to send out a sign that people cannot take the law into their own hands. " These kinds of acts are simply not done. There are strict gun laws to prevent anyone from just reaching for their gun. The shooting took place on a busy Saturday afternoon, many people were walking down the street. People were sitting on a pavement terrace, a jogger passed by. The consequences could have been even more fatal."
As the court said that investigation had taken "abnormally long" the man was given a sentence that is shorter than the normal minimum sentence of 1 year. He has been given 10 months suspended and an 800 euro fine that is also suspended. Both the jeweller and the prosecutor’s office can appeal if they so wish.