SECOND CHANCE TO KILL
Allen murdered Baksh in 2004, then Asami in 2016
David Allen, who the Trinidad and Tobago Police Service and the Director of Public Prosecutions said most likely murdered Japanese pannist/masquerader Asami Nagakiya on Ash Wednesday in 2016, had killed before.
Allen was 18 years old in 2004 when he robbed and shot TSTT engineer Darryn Baksh as he left the 51 Degrees nightclub in Port of Spain.
For killing Baksh, Allen was sentenced to less than five years in prison, despite a passionate appeal by the Baksh family for the killer to spend no less than 20 years behind bars.
Within a year of Allen’s release, police believe he strangled Nagakiya under a tree at the Queen’s Park Savannah in Port of Spain.
Ariapita Avenue, Port of Spain, would end up being Allen’s place of death on December 16, 2016, when he was shot and killed by a police officer while robbing a restaurant and casino, dressed in fitted women’s clothing and wearing make-up.
When the TTPS disclosed on March 19 this year that it was closing the cold case on the Nagakiya killing, it gave no information on how investigators came to the conclusion that Allen did it, or why.
The police also did not explain why this convicted killer spent less time in prison than some people convicted on a marijuana-trafficking charge.
Last week, the Express spoke with several people with knowledge of the Baksh case, from his relatives to the attorneys involved in the prosecution.
They all agree that David Allen fooled the justice system into giving him a second chance.
Allen never faced a jury trial for killing Darryn Baksh, so the evidence against him was never publicly known.
The Express found out that in the early hours of December 5, 2004, Allen had waited in the rags of a homeless man on a cardboard bed near the 51 Degrees club.
His random victim was 26-year-old Baksh, who had gone there with friends and was leaving with a female acquaintance.
Last moments
It was raining so Baksh ran to the vehicle, remotely unlocking the door as he neared it.
By the time he got into the driver’s seat, the passenger seat was occupied by Allen.
When the girl got to the car, saw the gun, and realised what was happening, she fled to their friends parked nearby to get help.
Then they heard the gunshot.
Baksh, who lived in Arima, died at the hospital from a bullet to the belly.
The killer turned out to be Allen, father of one, troubled youth originally of Enterprise, Chaguanas, where he grew up with a brother and mother.
He was arrested at a relative’s house at Tragarete Road soon after.
He confessed his guilt when arrested, and told officers he threw the gun into the sea in Carenage.
Allen was charged with murder and committed to stand trial.
It took seven years for the case to reach the High Court trial stage in September 2012.
But there was no trial because Allen opted to plead guilty to the lesser count of manslaughter.
It was an option allowed Allen given the circumstances of the case and was accepted by the Office of the Director of Public Prosecutions, the Express was told.
Presiding judge Mark Mohammed (now an Appeal Court justice) asked for a probationer’s report on Allen, and for victim impact statements before he passed sentence.
Then State attorney Renuka Rambhajan outlined the aggravating and mitigating circumstances.
Allen had no previous convictions, and had a positive report from the prison showing he had signed up for courses and had rehabilitated himself.
But also, Allen had placed himself next to Baksh’s vehicle with the intention to commit a crime, had threatened the girl who came upon the robbery, had threatened Baksh so that he didn’t ask for help, and after shooting Baksh had disposed of the clothing he used to disguise himself as a vagrant. Allen had also attempted to use Baksh’s stolen bank card.
The State asked that the judge consider that the crime was premeditated, and the appeal made in the victim impact statements.
Baksh’s friends submitted statements telling of his exemplary life and their loss.
And the family of Darryn Baksh made a gut-wrenching appeal for Allen to go to prison for no less than 20 years.
His sister Alicia Baksh-Clarke, an attorney and real estate business owner, wrote: “My brother’s life cannot be paid for. It certainly cannot be paid for by a metaphorical slap on the wrist. I hope the years that he has already spent in prison are not discounted from his sentence. We have suffered during this time too. I feel strongly that he needs sufficient time to reflect on what he has done in a disciplined, structured environment. He (Allen) lives on, while Darryn does not.”
Exemplary prisoner
But the probation report was kind to Allen. He was an exemplary prisoner on remand. He studied some CXC subjects while awaiting trial. He was remorseful and teary-eyed at the hearings.
His lawyer reminded that, upon his arrest, Allen, who had no previous convictions, was co-operative with the police and gave them a statement admitting his guilt and he pleaded guilty at the first opportunity.
Justice Mohammed said had Allen not pleaded guilty to the lesser count of manslaughter and had been found guilty by a jury after a trial, an appropriate sentence would have been 20 years.
However, for his guilty plea, he received a one-third discount from that sentence, which would have resulted in him being ordered to serve 13 years and four months’ imprisonment.
Mohammed also took into account that Allen was just 18 at the time and he was of previous good character. For this he received a further one-year discount.
The judge said he was also bound to apply the primary rule, established by the Caribbean Court of Justice (CCJ) in the case of Romeo Da Costa Hall, that full credit be given to a defendant for time spent in custody awaiting trial.
Allen, he said, spent approximately seven years and ten months on remand. After the period served was discounted, Allen was told that he had to serve four years and six months imprisonment to complete his sentence.
He turned to Baksh’s family in court. He wept. He apologised. And was taken away.
A prison year is counted as eight months, so Allen was home free in about three years.
Within a year, he killed Asami Nagakiya. Ten months later, he was killed by the police. He left behind a daughter.
Cross-dresser not gay
When Allen was killed in women’s clothing, his family turned up at the mortuary where they spoke with reporters.
A primary concern was that cross-dressing Allen not be regarded as gay.
“I am not supporting his actions, nor am I saying the police (who shot him) was wrong. As far as I am concerned, the officer was there at the time, saw what was going on and did his duty. But at the end of the day, because of the disguise he was wearing, people are saying that David was gay.
“Please...people, back off. Get to know the truth before you speak. It was just a disguise. That’s all. Don’t make comments if you don’t know the truth or want to hear the truth,” said his unnamed brother.
Regarding his killing by the police, the brother said: “If I meet the officer who killed him now, face to face, and they told me I had to shake his hand for a job well done...I would do it. So be it, because at the end of the day, the officer had his duty to perform and he did it. I will not lie to anyone and say my brother is an angel.
He was not. But young people, please put down the guns. There are better ways. We have a saying in the Tiger Boxing Gym I go to - put down the guns and pick up the gloves.
“And I want to say to mothers and fathers, please always find time for your children. Talk to them and show them the error of their ways, especially boy children. Don’t walk out on them or leave them to their own devices.
“That’s what making them turn criminal because when you leave them alone and don’t talk to them...they get a hatred in their hearts, which becomes a hatred towards society. And then they fall into bad company. So prevent all that and talk to your children, please.”
https://trinidadexpress.com/newsextra/second-chance-to-kill/article_2de92a12-902f-11eb-ae32-67eaeb62524b.html
