'Spongebob' loses appeal against death sentence

A Laventille man who was convicted of killing a Belmont man more than a decade ago has lost his appeal against his conviction and death sentence.

Mekeal “Spongebob” Antoine was 19 when he shot and killed Brent “Chariot” Samuel on May 14, 2010.

He was convicted by a jury on July 31, 2020, and Justice Carla Brown-Antoine sentenced him to hang.

Antoine raised four grounds of appeal, which were all unsuccessful, before Justices of Appeal Mark Mohammed, Maria Wilson and Ronnie Boodoosingh.

Wilson wrote the unanimous decision and upheld his conviction and sentence.

The prosecution’s case was that Samuel and other men were liming at McKai Lands just before 11 pm when a white car pulled up near Christmas Bar on Belmont Valley Road.

A witness who was on his way to buy a phone card at the bar saw three men get out of the car. They had guns and wore bulletproof vests. The witness, who was robbed of a gold chain, recognised his assailant as someone who had robbed him before. Although he did not know him by name, a friend told him Antoine’s nickname was “Spongebob” because of his appearance.

He also identified Antoine in a police line-up.

Samuel was shot four times with a shotgun. The man who was robbed jumped into a drain and ran off and another man was shot in the foot.

The bar’s owner also saw the car pull up and the men in bulletproof vests. He also heard gunshots.

Police found shotgun cartridges and .45-calibre ammunition at the scene of the shooting.

At the trial, the State did not provide direct evidence on who shot Samuel but advanced its case on the basis that Antoine and the others acted together.

Antoine did not testify at his trial, but his defence was denial. He claimed he was not at the scene and that the main witness who identified him was either lying or mistaken.

At the appeal, Antoine argued the judge failed to leave the jury with the option of felony murder (death occurring in the commission of a violent arrestable offence), since the evidence showed there was a robbery when Samuel was shot.

However, the State argued the robbery had taken place first, and there was no evidence Samuel’s killing was linked to the robbery.

Wilson said the Criminal Law Act amended the felony murder rule, which leaves it open to an accused being convicted of murder even if it was done without the intention to kill or cause grievous bodily harm while committing a violent arrestable offence. She said there was no evidence the robbery took place at the same time as the murder.

Antoine also complained about the identification evidence, the joint-enterprise direction of the judge to the jury depriving him of a manslaughter verdict and the bad character evidence allowed at the trial. He had previously been convicted of possessing a firearm.

Wilson said Brown-Antoine gave impeccable directions.

Antoine was represented by Jagdeo Singh and assistant Director of Public Prosecutions Sabrina Dougdeen-Jaglal represented the State.