WILLEMSTAD – The Public Prosecution Service has requested community service sentences on appeal against police officers Hayshenicke H. and Shairo S., as well as Yu-Maiklin B., a member of the Volunteer Corps Curaçao (VKC), in the case concerning the fatal police chase following an armed robbery in September 2021. The 18-year-old Z. Nicasia lost his life during the incident. The appeal was heard Thursday before the Gemeenschappelijk Hof van Justitie.
The appeal follows an earlier ruling by the Gerecht in eerste aanleg van Curaçao, which found the officers culpable in their actions but decided not to impose punishment. The Openbaar Ministerie disagreed with that outcome and filed an appeal seeking sentencing.
Thirteen Shots Fired
The events date back to September 27, 2021, when officers pursued a vehicle following an armed robbery at a minimarket on Dr. Maalweg. During the chase, officers opened fire on the fleeing car.
In total, thirteen shots were discharged, eight of which struck the vehicle. One bullet proved fatal. It has not been established from which service weapon the deadly shot was fired. However, according to the prosecution, the shooting was deliberate and targeted.
The prosecution has accused the three officers of offenses including intentional manslaughter, aggravated assault and attempted manslaughter. A former team leader of the Special Tasks Unit of the Curaçao Police Force is also standing trial on suspicion of falsifying official reports. Prosecutors allege that documentation was altered to create the impression that the officers acted in self-defense, a version of events that, according to the prosecution, does not align with the facts.
Prosecution Demands Sanctions
The Public Prosecution Service has demanded a community service sentence of 180 hours, half of which would be suspended, along with a two-year suspension from government service and a probationary period of one year. In formulating the demand, prosecutors took into account the defendants’ previously clean criminal records, but also alleged that they attempted to conceal the true course of events.
The defense argued that the officers acted under extreme pressure following a report of an armed robbery and had to make split-second decisions to prevent danger to the public. The officers stated they had no intention of killing anyone and that their actions were aimed solely at stopping the fleeing vehicle.
The prosecution emphasized that police conduct is bound by strict regulations and that the use of firearms must remain a measure of last resort. According to prosecutors, the case directly affects public trust in law enforcement.
The Court is expected to deliver its ruling on February 26.