In January of 2003, thirty one year old Jesus Olivarez along with his two younger brothers Eliseo and Margarito Olivarez were accused of killing of Elvis Vasquez in Corozal Town. The case did not go to trial until 2006. The jury found Eliseo and Margarito guilty of manslaughter and the siblings were sentenced to fifteen years while Jesus was found guilty of murder and sentenced to life. But just over a year later Jesus Olivarez got the best news he could have hoped for. Yesterday his defense attorney Audrey Matura Sheppard from the Legal Aid Office convinced the Belize Court of Appeal to reduce her client’s murder charge to manslaughter. That means instead of spending the rest of his life behind bars he could end up spending a minimum of fifteen years in jail.
7NEWS caught up with Matura Sheppard and a very relieved Olivarez shortly after the decision was handed down. According to Matura Sheppard it took a lot of time and effort putting forward the case but in the end it all paid off.
Audrey Matura Sheppard, Defense Attorney
“He is elated and it has been a very great moment for him because his particular situation is one which to the sadness of the other two brothers had caused much grief to the family as well because he would have spent his life in prison and what was making the situation worse was that he did not appeal his sentence and conviction in time.
So although we had appeared before the Court of Appeal since yesterday, what had happened is first, we had to make an application to the Supreme Court to ask them please grant us leave so that Jesus could apply, make an application for his appeal out of time. But the Supreme Court had refused that and thus that had to be argued before the court of appeal. I could not argue that myself, Mr. Darrel Bradley did it because I had given affidavit evidence in support of that application.
So Darrel Bradley did it and yesterday afternoon, the Court of Appeal announced that yes, they will allow the extension of time and as such we immediately started arguing the different grounds, ten grounds were initially submitted but only seven were finally argued and I think that of those seven, three were of the more persuasive value.
And thus he will no longer serve a life sentence in prison but rather it be a term of years which tomorrow they will decide how many years after we are able to put before the court the different authorities and reasons why they should give him the minimum years possible.”
Anita Nembhard,
Are you expecting a particular amount of years tomorrow? What is your expectation for tomorrow?
Jesus Olovarez, Sentence Reduced
“I do not know what will be happening tomorrow”
Anita Nembhard,
How about your brothers?
Jesus Olovarez,
“Well, they straight.”
While Matura Sheppard and Olivarez hoped to have received the minimum of fifteen years when they reappeared today in court Olivarez was told that he will be spending the next eighteen years at Hattieville Prison. But while it is three more years than he had expected and he will be forty nine years old when he is released he says at least he will be able to one day return home and spend the rest of his life with his family.
