Court rejects life sentence request, sentences man to 38 years for wife’s murder

The Court has rejected the prosecution’s request for a life sentence to be imposed on a former civil servant who has been found guilty of shooting his wife to death.

Defence lawyer Linton Lewis got half his wish yesterday when the court sided with him by imposing a determinant sentence on Lower Questelles resident, Mitchell Israel. However, Lewis’s plea for a custodial sentence of 15-35 years was rejected, as Israel was sentenced to 38 years in prison.

A jury had found the 61-year-old guilty of the January 30, 2020 daylight shooting of his wife, Arianna Taylor on August 16, 2023.

Last Friday, October 16, Israel reappeared before Justice Rickie Burnett to hear the prosecution and his defence lawyer make submissions about his sentencing.

Lewis, in his oral submissions, took issue with the prosecution’s arguments, saying they were hinged on the conclusion that there had been a substantial degree of pre-meditation and planning related to Taylor’s death.

Lewis was of the opinion that the prosecution’s case should be “thrown away” as there was no evidence presented during the trial to support this argument, and so he requested a determinant sentence of 15-35 years.

The defence attorney said that Israel had been in the habit of going to the school, and carrying his firearm. He said Israel usually picks up his son at the school, and sometimes his wife, then they would leave together.

“There is no evidence that Israel did anything he doesn’t usually do,” Lewis argued.

He added to that for one to say that Israel went to the school, knowing his wife was there, with the intent to kill her “is the most far-fetched conclusion anyone can come to.”

Lewis also addressed how the prosecution extensively spoke of physical and verbal abuse on the part of Israel. However, Lewis noted that there was nothing said during the trial that supported the claim that Israel had been physically abusive.

“My mother was always the one who started the arguments,” Lewis said, quoting part of Israel’s son’s testimony.

“You mentioned the firearm was recovered, but how could you be so…spiteful to the individual to not say how the weapon was discovered?” Lewis continued.

The defence attorney also referred to the fact that no mitigating factors of Israel were presented by the prosecution, but said they did not say how they came to that conclusion.

Lewis argued that Israel is a model citizen, and in all his years of life had never been charged for a criminal offence, not even a traffic offence. He is “very respectful to supervisors and inmates.”

“How can you say he appeared to have a temper?” he questioned, adding that the mitigating factors far outweighed the aggravating.

The sentencing was postponed twice afterwards, and finally took place yesterday at the High Court.

The facts in the matter are that on January 30, 2020 at 3 pm, Israel visited the St Martin’s Secondary School as usual. Upon arrival, an exchange occurred between Israel and his wife, whom he met there, which resulted in her being shot three times in her neck and chest.

Israel then fled the scene and discarded the firearm.

A social inquiry report on Israel stated that Israel’s wife had made three reports to the police against him in 2018 and 2020. He had been married to her for over 20 years, and they have two children. Before the murder, Israel and his wife had been undergoing marital issues.

When Burnett began his sentencing, he disagreed with the prosecution that a life sentence should be imposed, on the basis that the offence was not pre-meditated and planned as the prosecution posited in their submissions. As a result, he began with a determinant prison sentence of 40 years.

Aggravating of the offence was that it was committed in the presence of children at an educational institution, in view of the public, and an attempt was made to discard the firearm. However, it was taken into consideration that Israel habitually visits the school to take his child home.

Mitigating of the offence was that Israel assisted the police in the recovery of the firearm.

The aggravating factors of the offence outweighed the mitigating factors and so the court added two years to the sentence.

Mitigating of the offender was that he is of good character, he had no previous convictions, and had appeared to show genuine remorse for his actions, and has shown signs of being rehabilitated.

The mitigating factors of the offender outweighed the aggravating factors and so the court reduced the sentence by four years resulting in a custodial sentence of 38 years.

However, Israel has already spent three years, nine months and four days on remand, and so that time will be deducted from his sentence, resulting in a remaining sentence of 34 years, two months and 27 days.

The prosecution was led by Director of Public Prosecutions Sejilla McDowall and Richie Maitland and assisted by Kaylia Toney. Lewis was joined by his daughter, Maffica Lewis for the defence.