A HILL FOOT, Soesdyke-Linden Highway resident, Linden Jason Kellman, 47, has been sentenced to 16 years and eight months in prison after pleading guilty to the offence of manslaughter in the High Court in Demerara.

The sentencing followed a violent incident that led to the death of his reputed wife, Umadai Lall, also known as “Samantha,” between December 1 and 2, 2022. He was initially indicted for the capital offence of murder.

Justice Zamilla Ally-Seepaul handed down the custodial penalty on Thursday last. The court began with a baseline of 25 years’ imprisonment for the offence, but a one-third reduction was applied to reflect Kellman’s guilty plea. No further reductions were made, as the aggravating and mitigating factors were found to balance each other.

State Counsel Nelissa Peterkin, assisted by State Counsel Praneta Seeraj and State Counsel Christopher Belfield, presented the prosecution’s case. The prosecutors told the court that several aggravating factors should guide the sentencing.

According to court records, the incident occurred at the couple’s Hill Foot, Soesdyke-Linden Highway home. Witnesses reported hearing a violent altercation on the night of December 1, 2022.

Rolston Melville, who lived in the apartment above the couple, told the court that he heard Kellman physically assaulting the now deceased. When he called out to stop, Kellman allegedly responded, “Nobody ain’ know what he was going through,” before continuing to curse.

The following day, Kellman informed the deceased’s brother that she was unresponsive. She was later transported to the hospital, where she was pronounced dead. A police detective told the court that when he contacted Kellman regarding the allegations, the convict admitted to having had a fight with his wife and stated that she was unresponsive the next morning.

Kellman later told investigators during video and audio interviews that Lall had cursed at him, and in response, he hit her a few times. Court records indicate that the deadly confrontation began after Kellman accused Lall of drinking alcohol in the presence of their young child upon his return from work.

This, Kellman said, was a common occurrence, as his wife frequently consumed alcohol. According to him, the home was untidy, and their young child was present in that environment. So, he confronted his wife about the state of the house and the child’s well-being. During the confrontation, he admitted to hitting her.

He later stated that he only realised the extent of her injuries the next morning when he discovered she was unresponsive. The prosecutors told the court that several factors made the offence particularly serious.

The prosecutors said the violence that led to the deceased’s death represented a grave violation of human life. They told the court that the assault was unprovoked and directly caused the victim’s death, demonstrating a severe escalation from a domestic disagreement to a fatal outcome.

The prosecution told the court that a post-mortem examination conducted by Dr. Nehaul Singh revealed multiple blunt trauma injuries, including to the head and chest, as well as a lacerated spleen.

They said the cause of death was haemorrhage and shock due to these injuries, highlighting the lethal consequences of Kellman’s actions. The prosecutors told the court that Kellman failed to seek immediate medical attention for the victim. They said that after the assault, he allowed her to remain in distress throughout the night and only sought help after family members intervened the following morning, demonstrating a callous disregard for human life.

The prosecution told the court that the death had a profound emotional impact on the victim’s family. Kulwantie Munilall, the deceased’s eldest child, told the court, “My life has been severely affected since I lost my mother. Caring for my brother fulltime is a permanent reminder of my mother, and her death never leaves my mind.”

Mahadai Lall, the deceased’s sister, told the court, “I was extremely shocked when I saw her lying covered with a sheet. She did not deserve to lose her life in this manner. Her children are robbed of their mother, and her four-year-old is denied the opportunity to know her.”

Krishna Lall, another sibling, told the court, “The murder of my sister has affected me significantly…because her life was taken from her in a brutal manner. Despite life continuing, I still miss her dearly.”

The prosecutors told the court that the sentence should serve as a deterrent to others who might resort to violence. They cited the case of Edwin Farfan v. The State, noting that courts have a duty to impose punishment reflecting society’s abhorrence of violent acts and to protect the wider community from similar crimes.

Seeking forgiveness

A pre-sentence report provided the court with insight into Kellman’s background. He was born on January 10, 1978, and is the sixth of 10 children.

The report told the court that he grew up in a loving household, attended Soesdyke Nursery, St. Mary’s Primary, and Soesdyke Community High School, and later completed a one-year certificate programme in Mathematics and English at the Institute of Distance and Continuing Education.

Kellman worked as a self-employed welder and fabricator and provided for his three children. The report told the court that he was generally a quiet and respectful individual, compliant with prison rules, and engaged in educational programmes while incarcerated, including psychology training.

He was also described as an active member of the Jehovah’s Witness faith, participating in prayer and Bible study. Kellman admitted to the crime before the court.

Kellman told the court that he was baffled by the death of his reputed wife. He said he feels embarrassed about the crime and expressed sorrow for the loss of her life. He also asked for forgiveness from the deceased’s relatives and apologised to them for his actions.

Kellman’s defence attorney, Edrianna Stephen of Hughes, Fields & Stoby, presented mitigating evidence along with a character reference on his behalf. Justice Ally-Seepaul noted the seriousness of the offence and the profound impact on the deceased’s family.

The judge told the court that, starting with a baseline sentence of 25 years, a one-third reduction was applied for the guilty plea, resulting in the final sentence of 16 years and eight months. She said that no additional reductions were warranted, as aggravating and mitigating factors balanced each other. The sentence, the judge told the court, reflects the judiciary’s commitment to justice and serves as a deterrent against domestic violence.