Judge denies release for man who killed cousin in 2002

A man convicted of killing his teenage cousin in 2002 will remain in prison as a judge ruled he is not ready for release, despite having served nearly 23 years of a 25-year minimum sentence.

Marcus Jason Daniel, who fatally stabbed 16-year-old Suzette Gibson while under the influence of drugs and alcohol, appeared before Justice Lisa Ramsumair-Hinds in May for his second sentence review.

Daniel was initially sentenced to death in 2005 but later had his conviction reduced to manslaughter by the Court of Appeal in 2014. He spent much of his incarceration at the St Ann’s Psychiatric Hospital and will continue serving the remainder of his minimum term at an appropriate prison facility determined by the Commissioner of Prisons.

During the review, the judge was asked to consider placing Daniel at the Vision on Mission Rehabilitation and Reintegration Centre for the remainder of his sentence. His legal team argued he “made demonstrable efforts at rehabilitation.”

However, the judge declined the request, because of unresolved concerns about Daniel’s mental health, risk of reoffending, and lack of a stable place to live. His parents, both in their late 70s, are unable to accommodate him, and relatives of the victim strongly oppose his return to the family property.

Vision on Mission indicated that Daniel would need to strictly follow treatment plans and show independence, or risk being removed from the programme. In confirming that the original 25-year minimum sentence would stand, Ramsumair-Hinds reminded Daniel that he remained under a lifelong sentence of detention at the court’s pleasure and may only be released under supervision which can be revoked.

“I am not satisfied that the prisoner is ready for release into society. It is also quite evident that the risk of recidivism remains problematic and is obviously made worse by the concerns for available accommodation and poor prospects for employment,” the judge said in her review. Daniel’s next sentence review is scheduled for March 22, 2027.

The judge ordered the prison to prepare Daniel for reintegration by enrolling him in education and rehabilitation programs. Several reports, including medical, psychiatric, and probation, must be filed before the next hearing to assess his behaviour, readiness for release, and potential living arrangements.

At his first review in November 2023, the court was told hospital staff reported he had attacked workers and attempted to escape twice. A court-ordered assessment also found that he still exhibited manipulative behavior and remained a public risk in unstructured settings.

When he first approached the Court of Appeal after he was sentenced to hang on December 15, 2005, the court dismissed the appeal, with the matter being heard at the Privy Council in London.

The British law lords subsequently remitted the matter to the local Court of Appeal in 2008 for resentencing after hearing evidence from three clinical and forensic psychiatrists that Daniel suffered from borderline personality disorder and satisfied the criteria for alcohol and drug-induced psychosis.

The law lords had ruled the diagnosis raised a credible defence of diminished responsibility and should have been raised at the trial.

Daniel testified at his trial he was high on drugs and listening to heavy metal rock music when he stabbed his cousin to death on January 23, 2002.

In December 2005, Daniel and a friend were convicted of murdering Gibson.

Daniel was sentenced to the mandatory death penalty for murder and his friend was detained at the court's pleasure, as he was a minor at the time of Gibson's murder.

According to the evidence presented during his trial, hours before the murder, Daniel and his friend picked up Gibson after her dance class ended.

They drove to a lonely area in Blue Basin and started touching Gibson, who rejected Daniel's advances.

He claimed, “The demon thing rose up inside him, and he choked her.” He also admitted he was drinking and “getting into rock music.”

He and his co-accused pulled her out of the car, and he slit her throat. When she fell to the ground, he stabbed her in the chest and stomach and pushed her into a drain before Daniel slit the fingers of his right hand.

The man who lent Daniel his car went to the police station because he saw bloodstains in it. His co-accused took the police to Gibson’s body and said it was Daniel alone who “kill the girl.”

“Is Marcus who take a knife and slit she throat.”

He also told the police that “it was a demon inside my head.”

Daniel also gave evidence at his trial. He said he did not know what he was doing.

“I was seeing a dark object in front of me, and I did not know what it was. I was not seeing or hearing Suzette in front of me.”

He also spoke of smoking “blacks,” which are marijuana cigarettes rolled with crack cocaine and was “very high” on alcohol and drugs.

At last month’s sentence review, Stephen Wilson and Michelle Gonzales of the public defenders’ department represented Daniel.

Charmaine Samuel represented the State.