Juba magistrate court Mathew Joseph will have to determine whether Juba businessman John Tito killed his daughter’s boyfriend and father for self defense or willingly when decides on Tito’s fate.
The 45-year-old is facing two charges of murder after the shooting of David Vincent, 39 and his son Paul David, 18. The pair was gunned down in John’s house on 31, July 2015. John pleaded not guilty.
He said he shot and killed the father and son, but it was in self-defense. He also claimed he suffered from amnesia about the shooting and could not recall firing nine shots – five times which hit the father and four times Paul.
John said he only realised what he had done when he saw Vincent lying at the front door and Paul in front of the fridge in the kitchen.
According to John’s daughter, Carolina – A blonde Paul was a drug addict and abusive towards her ans she tried in vain to get away from her.
However, Carolina, although admitting she was afraid of Paul denied he was her drug supplier.
On the evening of the incident John found Paul in his daughter’s bedroom. Paul was lying in his daughter’s bed and spoke aggressively to him. Paul wagged his finger at John and vowed to beat him up.
Blood: John said he did not want trouble, but he suspected Paul of hurting his daughter as her beads were scattered on the floor and there was blood on curtains.
He told Paul he was going to call the police but the young man said it would not help as he knew people in high places.
When Paul said he he was going to phone his father to come to the house, John realised trouble brewing. He went to fetch his pistol so he could “protect” himself.
David arrived at the house and assaulted John’s brother who was in the salon. John said Carolina who was also in the salon fainted. As he tries to resuscitate her, the father and the son hit him on the head and in the face. John said he “lost it” and could not remember remember firing nine shots at them.
A psychiatrist confirmed that given John’s profile, he acted involuntarily at this point and had been unable to distinguished between right and wrong.
But the state argued this could not be true because John didn’t shoot randomly. He aimed and shot at his targets and meticulously fired at their upper bodies.
Prosecutor Philip Vuni said there were no bullet holes in the wall and John didn’t simply fire in front of him. He shot one at the door and the other at a distance a way in the kitchen. He said it seemed they were killed in an execution style. He also questioned how he could have two defense – self-defense and automatism.
Advocate Laurence Henry, the defense lawyer of John said his client was terrified of Paul and feared he may harm him and his daughter. He fetched his firearm as he wanted to defend himself and his family. Up to that point he said it was a self-defense.
Henry also said self-defense changed the minute John tried to resuscitate his daughter and he was attacked. He lost it at that point and couldn’t remember shooting – thus the defense of automatism. The next hearing is set for November 19.
Juba Monitor [Nov. 10]