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Did Someone Get Away With Killing Luke Bjerkhamn And Wounding His Father?

Submitted by Caswell Franklyn I have heard a lot of comments about the Director of Public Prosecutions giving Bjerkhamn a slap on the wrist for killing his son. Some have even called the DPP’s integrity into question. While I understand the sense of outrage that is being demonstrated throughout the country, I am not one…

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Submitted by Caswell Franklyn
Funeral luke Bjerkham
Flashback to the burial of Luke Bjerkham

I have heard a lot of comments about the Director of Public Prosecutions giving Bjerkhamn a slap on the wrist for killing his son. Some have even called the DPP’s integrity into question. While I understand the sense of outrage that is being demonstrated throughout the country, I am not one of those that would jump on the bandwagon without a clear understanding of what transpired.

Persons who have been critical of the DPP’s actions in this case clearly do not know or do not understand the procedure in Barbados. It would appear that their understanding of the law is being influenced by American television programmes. The first problem for the DPP is that his office does not have an investigative arm. He has to rely on the Police to investigate cases and then they would forward their findings to him so that he can decide whether or not to file a charge. The public does not know what is in the police report, so the DPP could very well be taking some undeserved abuse for a situation over which he had no control. Before I can come down on either side, I would have to be privy to the police report.

This case clearly demonstrates that the evidence in matters like this should be made available to the public after the conclusion of the case, and after the time for the appeals process has expired.

Very few people know the truth of what transpired to cause the death of little Luke Bjerkhamn, and I daresay that I am one of those who find it extremely difficult to believe the version of events on which the DPP relied. But my belief is not evidence that could stand up in a court of law. My belief comes from my experience with weapons. When the Barbados Defence Force was first established I was a weapons instructor. That is why I am able to say that the accepted version of events is virtually impossible. The injuries to Bjerkhamn’s hand and the fatal one to his son’s chest are more consistent with a third party firing at the father, who got injured while taking evasive action to avoid being killed. I could be wrong but my scenario makes more sense than a trained gun dealer cleaning a loaded weapon and then contorting himself in such a way that he could manage to injure himself in the hand.

180 responses to “Did Someone Get Away With Killing Luke Bjerkhamn And Wounding His Father?”

  1. Colonel Buggy Avatar
    Colonel Buggy

    Talk about a slap of the wrist, look what a British judge has done to a complete novice.
    http://www.dailymail.co.uk/news/article-2077087/Learner-driver-killed-9-year-old-Beatrice-Mawamba-hit-girl-FIRST-lesson-jailed.html

  2. FBI OFFICER Avatar
    FBI OFFICER

    @Caswell, well said and makes a lot of sense. Hope the investigation was not bundled due to the delay to question him while a alibi was found.

  3. David Avatar
    David

    How to clean a Glock for example:

    http://www.youtu.be/watch?v=47fJ1oztBsE

  4. balance Avatar
    balance

    mr franklyn i have read your informed and i stress informed comments which you addedd cannot stand up in a court of law but they offer much food for thought nonetheless and should be the subject by those who should know.

  5. David Avatar
    David

    How to clean a rifle:

    http://www.youtu.be/watch?v=KGdCrEnrzIM

    On 26 December 2011 10:14, David wrote:

    > How to clean a Glock for example: > > http://www.youtu.be/watch?v=47fJ1oztBsE > >

  6. Antz Avatar
    Antz

    @ Caswell

    Many, many years ago in Barbados a young Bjorn Bjerkham was shot in the stomach. Many, many years later a young Johan Bjerkham was shot in the hand while his son, Luke Bjerkham was shot and killed.

    Does anyone know what were the circumstances surrounding the shooting of Luke’s grandfather, Bjorn Bjerkham?

  7. Micro Mock Engineer Avatar
    Micro Mock Engineer

    “My belief comes from my experience with weapons”

    Caswell… what about your experience with people?

    Sometimes people, even trained and experienced, exhibit very poor judgment….

    Example 1:
    http://www.firearmsid.com/a_UnintendedGlockDischarge.htm

    Example 2:

  8. Carson C. Cadogan Avatar
    Carson C. Cadogan

    There is an unguarded moment for all of us.

  9. David Avatar
    David

    @MME

    Which brings us back to Caswell’s substantive point. What evidence did the DPP based his judgement on?

    Persons who have been critical of the DPP’s actions in this case clearly do not know or do not understand the procedure in Barbados. It would appear that their understanding of the law is being influenced by American television programmes. The first problem for the DPP is that his office does not have an investigative arm.

  10. Carson C. Cadogan Avatar
    Carson C. Cadogan

    One can remember a recent event where a trained experienced Firefighter inexplicably took up a live electric wire from a pole causing his death.

  11. Caswell Franklyn Avatar
    Caswell Franklyn

    Unguarded moment my foot! Look at the videos on youtube on cleaning a glock. When stripping the weapon two hands are occupied. In order to shoot yourself in the hand you would have to use your third hand.

  12. Bush Tea Avatar
    Bush Tea

    @ MME
    What about your experience with people?

    LOL did you mean like their propensity to having hidden agendas?
    Did you mean our experience with the historical quality of openness? Or the historical quality of police investigations?

    Wait No!! You’re probably asking about Caswell’s experience with public servants’ decision making when faced with wealthy persons, in situations where there is official secrecy; and NEVER any consequences to pay….

    Acccidents DO happen. So there is absolutely no reason not to be COMPLETELY transparent and open in such a case.

    Caswell is (as he is mostly) bang on in his visionary analysis.

  13. David Avatar
    David

    @MME

    With some experience with guns it is difficult to fathom how this accident could have occurred, very difficult.

    What makes it unbelievable is the fact we are dealing with a very experience gun handler.

  14. Micro Mock Engineer Avatar
    Micro Mock Engineer

    David and BT,

    Caswell made several points.

    Paragraphs 1, 2 & 3 – substantiated
    Paragraph 4 – unsubstantiated… come on Bush Tea… why assume malice when stupidity would suffice?

    Are you telling me you also support his last sentence… “contorting himself in such a way that he could manage to injure himself in the hand.”…. what sort of contortions are required to shoot yourself in the hand? steupse

  15. David Avatar
    David

    @MME

    Have you disassociated two events?

    The shooting in the hand and the cleaning of a gun.

    When put together there is a legitimate basis to question the event as reported.

    There is nothing to prevent the citizenry from being curious is there?

  16. Micro Mock Engineer Avatar
    Micro Mock Engineer

    “With some experience with guns it is difficult to fathom how this accident could have occurred, very difficult.”

    David… did you look at the links I provided… how hard are those to fathom. Cud dear… I provided photograph and video examples which leave little to the imagination… the video shows a DEA agent accidentally discharging a Glock in a classroom full of students while teaching them about gun safety… was he a very experienced gun handler?

  17. Caswell Franklyn Avatar
    Caswell Franklyn

    Micro Mock Engineer

    I am not saying that a weapon cannot go off while attempting to clean it. You could accidentally shoot someone or you could hit yourself in the head, leg, chest or some other part of the body, but it is virtually impossible to shoot yourself in the hand since both hands would be occupied away from the nozzle. You would need a third hand to achieve such a feat.

  18. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Caswell Franklyn

    “Unguarded moment my foot!”

    I understand, unguarded moment pokes a big hole in your theory.

  19. David Avatar
    David

    @MME & Caswell

    There is nothing wrong with asking question.

    Keep asking Caswell, we need more like you!

  20. Bush Tea Avatar
    Bush Tea

    MME
    Your three star rating is under review.

    1. You ask why assume malice? ….are you serious? This is the DUTY of the DPP until evidence clearly indicate otherwise. Can you imagine a situation where the DPP takes the word of witnesses and suspects based on assuming good intent? ….or on other considerations? …..oh wait- that is what we currently have here and what the CJ is supposed to fix isn’t it….?

    2. The traditionally dangerous point in unloading a glock occurs when the trigger is released on a supposedly empty chamber. It is VERY difficult to imagine ANYONE familiar with the power of a 9mm round who would place their hand in front of a barrel while doing this…. Or who would do it in the direction of a loved one……far less a (highly experienced?) dealer.

    3. The experience of the agent in the video may be a clear case of overconfidence, or of the stress of addressing a large group – which can happen to ANYONE. But then there is no need for long delays, secrect reports and hidden facts. Don’t you think that the Magistrate had more information that we do? …and thus the unusually harsh comments?

    This case represents yet another nail in the coffin of our justice system. Justice must not only be done ( and maybe it was) , BUT IT MUST ALSO BE SEEN TO HAVE BEEN DONE.

    Was it….?

  21. Caswell Franklyn Avatar
    Caswell Franklyn

    Carson

    This is really above your head. You need to stick to your political nonsense. You are quite comical and entertaining in that role. My next post would be more suited to your idiocy so hold on until then.

  22. smooth chocolate Avatar
    smooth chocolate

    i agree with Caswell but i also know that time will tell what really happen. somehow or the other that man or who ever did it, will pay for killing that child. i so sorry for the mother. i wish she could have taken her child away from that filth when she left. sad miserable, money grabbing animals they are.

  23. millertheanunnaki Avatar
    millertheanunnaki

    Behind every dark cloud there is a silver lining.
    This decision should now focus the spotlight on any future decisions meted out to those found guilty of violating irrelevant laws such as smoking marijuana and petty ‘criminal acts’ such as stealing food items (except those involving organised activities for super profits e.g. praedial larceny).
    The next judicial officer who imposes a jail sentence on a shoplifter or ganja smoker or seller instead of a fine or hours of community service would appear rather “interesting” to legal-minded onlookers.

  24. David Avatar
    David

    @miller

    The justice you yearn for from our Courts in the future does not prevent sensible Barbadians from casting a critical eye on the matter at hand. Certainly we can do both.

  25. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Caswell Franklyn

    You have no idea what you are talking about.

    I will give you this, you a very fertile imagination.

  26. millertheanunnaki Avatar
    millertheanunnaki

    @ David | December 26, 2011 at 11:05 AM |

    And with every right so! But we need to speak out against a ‘potential’ similarity in regard to the CLICO affair. One suspects another set of “dirt” will be swept under the already filthy carpet.
    To twist a bit BushTea’s take on it: “Justice must not only be Seen to be done but Must be done” in this clear case of breach of statute law.
    PS: Thanks caswell! You would make a very good investigative journalist, even though your “stint” in this field would be the target of those with evil intent.

  27. Colonel Buggy Avatar
    Colonel Buggy

    Actually the British Army has drooped the term ‘Accidental Discharge’ in preference to ‘Premature Discharge’, because when trained people are dealing with weapons, nothing resulting could be deemed accidental. In my many years service, which included 4 Infantry battalions , and active service stints, never once were there a single incident of an ‘accidental / premature discharge. And as Caswell would confirm, we had to be able to strip and assembly any weapon blind folded.

  28. lemuel Avatar
    lemuel

    What remains the important point here is our judicial system, and I agree with Bush tea in that regard. By the next week, a young man was imprisoned for 18 months for stealing an item in Bridgetown. Errol Barrow once said that poor people should keep out of Coleridge Street. But does this development coupled with the Barrack non payment an indication of the type of justice being served up by our judiciary? Does it mean that poor people suing anyone for their rights are wasting their time? Does it mean that the police now have a golden opportunity to turn Barbados into a Police state? Does it mean that that whole charade with the integrity legislation was bare boo?

  29. Hants Avatar
    Hants

    It could simply have been an accidental shooting because of callous mishandling of the gun and the best “concocted” story they could come up with is he was cleaning the gun and it discharged.

  30. millertheanunnaki Avatar
    millertheanunnaki

    @ Hants | December 26, 2011 at 12:59 PM |

    The Truth will out, long live the Truth!

  31. David Avatar
    David

    @Hantsie

    You could be right but all some are doing is to ask questions about a situation which has a little stench coming from it.

  32. Micro Mock Engineer Avatar
    Micro Mock Engineer

    “You ask why assume malice?”

    No BT… I asked why assume malice WHEN stupidity will suffice? Hanlon’s Razor.

    “It is VERY difficult to imagine ANYONE familiar with the power of a 9mm round who would place their hand in front of a barrel while doing this…. Or who would do it in the direction of a loved one……far less a (highly experienced?) dealer”

    I agree, very difficult to imagine… but search online BT. You will find other examples… I already provided one. By the way, how experienced do you have to be to get a gun dealer’s license in Barbados? Can either you, David or Caswell enlighten us on the firearm licensing process in Barbados… in particular the licensing process for dealers and required training.

    “Don’t you think that the Magistrate had more information that we do? …and thus the unusually harsh comments?”

    Unusually harsh? Steupse… listen to the magistrate “The loss of a child’s life in the manner herein accepted by all parties is serious enough to merit a custodial sentence, even if other relevant considerations lead the court to exercise its discretion not to order such,”… is that harsh? Didn’t the law under which he was charged allow for a custodial sentence (albeit very short)? Which of the Magistrate’s comments did you find unusually harsh BT?

    David,

    I agree with asking questions. I am trying to understand why you find the official explanation so implausible when others have shot themselves in the hand while cleaning glocks.

    Caswell,

    Both hands do not have to be occupied away from the nozzle… remove magazine from gun, check the chamber, point in a safe direction, pull the trigger… only one hand is required to pull the trigger, and if you are carelessly ignore the second two steps and place your free hand on the nozzle you will shoot yourself… as others have done.

  33. millertheanunnaki Avatar
    millertheanunnaki

    @ lemuel | December 26, 2011 at 12:42 PM |

    Hi lemuel,
    Your contribution is exceedingly worthy of my support!

    Radicalism or not going along with the tide of “engineered” public opinion is a talent only entrusted to free-born thinkers or an intellectual luxury reserved for those of inquisitive minds. Which category do you fall in? The price that must be paid to travel such dangerous and oft times lonely pathways is the shedding of any cloak of prejudices and fear. Material success must never be in the spiritual equation of life and the pursuit of justice and fair play. This moral instruction is evidently borne out in the parable or story of your master Jesus X when put to the test in the Mountains of Life. Truth and justice, my friend, are the ‘sign posts’ along the way to eternal salvation.

  34. David Avatar
    David

    @MME

    People shoot themselves with Glocks all the time because as you know it is one gun which does not have a safety catch.

    To blow off your hand while obviously holding the nozzle and pulling the trigger is a stretch for an experience gun dealer (from all reports he had been dealing for a few years).

    It is not impossible mind up but a stretch.

    The procedure for COP to issue a gun license whether individual or dealer is sketchy. It is one we dealt with before when BU questioned Alfred Sparman getting a gun license.

  35. BAFBFP Avatar
    BAFBFP

    Suppose the man was “prematurely” dreaming of a Hants styled White Christmas with the help of ESA Fields and other friends? (Engineer you always generate alotta interest here, people like day likes you, but my interest here is a lack of confidence in Franklyn’s pseudo intellect)

    …hic …

  36. David Avatar
    David

    @BAFBFP

    It is not unlike you to attack the messenger.

  37. ac Avatar
    ac

    Maybe Caswell using himself can demonstrate through video how the incident could not have happened as presented to the court.

    BTW wasn’t there supposed to be a man standing on the grassy knoll who fired the fatal shot that killed John F Kennedy. just asking! Fact or fiction?

  38. BAFBFP Avatar
    BAFBFP

    Why I always tekkin’ flack … I jes’ loss confidence in the man after he expose he homophobic backside and still expect to be taken seriously… Quoting chapter and verse about Civil Service and Human Resource procedure don’ mek you a meritorious intellect all of ah sudden …

  39. David Avatar
    David

    @BAFBFP

    You mean you don’t agree with his view point?

    Isn’t he entitled just like you?

  40. Micro Mock Engineer Avatar
    Micro Mock Engineer

    David, which of these is the most plausible and which sound like “stretches”?

    (a) He was not as experienced as either you, BT or Caswell make him out to be, and his actions on that day led to the accidental shooting of his son

    (b) He intentionally shot and killed his son, OR

    (c) as Caswell imputes, there was a ‘third party’ who was really trying to kill the father who got injured while taking evasive action, and the same father is now conspiring to protect the identity of his would-be assassin and son’s murderer.

    “The procedure for COP to issue a gun license whether individual or dealer is sketchy”… here is another question for you David… which do you think has a greater bearing on who gets a gun dealer license in Barbados, competence or influence?

  41. BAFBFP Avatar
    BAFBFP

    MME

    d) De man may have been influenced, (or under the influence), wait he ain’ human too, and believe the human body can do remarkable t’ngs, even defy gravity, when the conditions right …

  42. BAFBFP Avatar
    BAFBFP

    In the US many people that opposed Bill Clinton were found to have committed suicide with bullets entering thru the back of the head …!

  43. David Avatar
    David

    @MME

    Let us agree that we are all hypothesizing here.

    The answer points to (a) or (c).

    Regarding the issuance of gun permits the overwhelming evidence points to influence rather than competence.

  44. Bush Tea Avatar
    Bush Tea

    @MME
    As usual very well articulated and extremely ‘intelligent sounding’ at 2.24pm, but the bushman remains skeptical of your foundation.

    Surely you can’t seriously ask us to accept that the DPP should assume stupidity over malice just because the story is plausible and precedents exists.
    The role of the police investigation and of the DPP is to ascertain the facts based on evidence and then to apply the law. NOT TO ASSUME ANYTHING – especially stupidity.
    Far more practical for a prosecutor to assume guilt until the evidence shows otherwise. Had that been done and stupidity indeed been the cause, then what would have been the problem with revealing the facts?
    In fact the normal process is to provide case studies in such cases as a safety feature to avoid similar stupidity in future.

    Transparency is the issue MME

    LOL you caught Caswell with that cleaning sequence for the glock. Bushie was trying to provide him with a hint by referencing the most critical phase of disassembly which only require one hand, but Caswell was hard ears for years now – probably was not paying attention during train-the-trainers classes for weapons instructors. LOLOLOLOL.

    Finally, was the Magestrate harsh? ….skipper, The fact that she even said ANYTHING is harsh…
    Have you ever sat in a court bout here….?

  45. David Avatar
    David

    @Bushie

    To dissemble a glock with one hand requires an experience handling and has inherent risks like losing a finger.

    If it occurred in this case it would shoot MME’s suggestion to bits that the gun dealer was inexperienced.



    How to dissemble with one hand.

    http://www.youtube.com/watch?v=2EmhYr5QOvY

  46. Bush Tea Avatar
    Bush Tea

    @ David
    There are many steps

    One involves squeezing the trigger before taking the main body apart. Only one hand needed there, and this is the most common point of having an AD.

  47. David Avatar
    David

    @BT

    Agreed but who squeezes a trigger with a hand covering the point of the barrel?

  48. islandgal246 Avatar
    islandgal246

    My two cents worth…..If there were a third party to the shooting, why would he protect them when his son is dead? If it were my child I would mek sure dem hang!

  49. Hants Avatar
    Hants

    BAFBFP added the “impaired” factor to my theory that it was a case of monkey handling gun.

    It is unfortunate that the least plausible excuse for the gun discharging is the one the defence used.

    The “third” person theory is plausible but the question would be why leave the intended target alive.
    Then again the shooter could have been known to the target and was so traumatized by the shooting of the child that they “froze” but that would be a script for Law and Order SVU.

    The biggest issue we all have is if there is a level of complacency by some of the police,prosecutors,Judges and lawyers in Barbados that needs to be rooted out.

  50. Micro Mock Engineer Avatar
    Micro Mock Engineer

    … man David you want to “shoot my suggestion to bits”… LOL you very dread today… I definitely have to avoid you when you cleaning your gun. I wasn’t suggesting that he disassembled the gun with one hand… but that during the process it is possible to shoot yourself AND, more importantly, it has happened to others.

    BT… I agree that there should be no problem in revealing all of the facts of this case and that transparency is an issue.

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