Viola Pook, 54, convicted of the murder of her common-law husband of 23 years, Orlando Vasquez, 48, who died of second-degree burns to over 70% of his body surface, was today sentenced to life in prison by Justice Herbert Lord.
The housewife of Rancho Dolores in the Belize District was found guilty by a jury of eight men and four women on July 8, 2011, after nearly five hours in deliberation.
The Crown, represented by Crown Counsel Kaysha Grant, had charged that she had used an unknown accelerant, likely gasoline, and an open flame to set Vasquez, also known as Orlando Mai, ablaze at their home on December 31, 2008. He died two days later.
The Crown exercised its discretion not to seek the death penalty against Pook; that sentence, according to guidelines, is strictly reserved for the worst of the worst crimes.
Defense counsel Senior Counsel Hubert Elrington indicated that the case would be appealed, and so the defense had elected not to challenge proceedings at this time except to note that the convict had no criminal record as submitted by the Crown, and that there had been nothing in evidence to suggest any problems between her and Vasquez.
Her character was such, he said, that there was no evidence suggesting that Pook would do something like this again, or that she was incapable of reform.
With no direct eyewitnesses to the incident found, the Crown had relied mainly on circumstantial evidence, including testimony from a daughter, cousin and friend of the accused, who all told the court that they were at their respective homes when they became aware of what looked like a “ball of fire” coming from the Pook residence, and at the same time heard screaming.
When they each got to the scene, they found Vasquez apparently on fire. His son was seen throwing water on him, while the accused was standing, first about 10 to 12 feet away from the burning Vasquez, then later sitting under a custard apple tree in the yard on a makeshift chair, with a “normal” appearance, as he, Vasquez, lay on his side, curled in the fetal position, in apparent pain and agony.
First police officer responding to the scene, Sergeant Aaron Zuniga, then stationed in Bermudian Landing and in charge of the villages of the Belize River valley from Burrell Boom to Rancho, told the court that after checking the premises he went outside to the group that had gathered under the custard apple tree.
He said that upon asking Pook what had happened, she answered him, “Dah me ketch ah fire.” According to Sgt. Zuniga, he immediately cautioned her and asked if she wanted to give a statement.
When she said no, that she would remain silent, he took her into custody on suspicion of grievous harm and decided to transport Vasquez, who was still alive, for medical treatment.
After meeting the ambulance in Double Head Cabbage, he continued with the accused to the Ladyville station and then to the Queen Street Police Station in Belize City, where he handed her off.
Sgt. Zuniga said that he wrote the phrase uttered by Pook in his own police notebook (but could not produce it in court as he said it was lost while he was moving from the area sometime later), but did not formally report it until six months later, in June, by which time the case had been transferred to another investigator.
He was also unable to say if anyone else had heard Pook say those words; there had been a small gathering of people in the yard when he arrived.
It was the view of a National Fire Service investigator that an unknown accelerant and an open flame caused the fire that damaged the kitchen of the residence and possibly caused Vasquez’s injuries.
According to Dr. Mario Estradabran, Vasquez sustained first and second-degree burns to his upper chest, pelvis, upper and lower extremities (the arms and legs), and upper back, which, he said, were caused when his body got into contact with a flame.
An internal examination found severe edema (fluid collection) in the scalp, brain and lungs, and major organs such as the trachea, esophagus, pancreas and others were congested, affecting breathing. (A first-degree burn affects only the superficial layer of the skin, while a second-degree burn is deeper and attacks the organs).
A doctor who had examined the accused a few days after the incident, testified that there were first-degree burns to Viola Pook’s right forearm, on the outside, possibly because of contact with a hot surface.
In her own defense, Viola Pook spoke from the dock, stating that she was elsewhere in her house getting ready for church when the deceased came in with a ham and went to the kitchen.
About fifteen minutes later, she heard a loud noise and screams and emerged to find her partner on fire. She claimed to have shouted for help after being unable to get close to Orlando Vasquez because the flame was too hot. She further claimed to have assisted in putting out the fire on Vasquez and calling the police and ambulance. She also denied ever telling the Sergeant anything implicating her in the attack on Vasquez.
Additionally, Elrington, in trial, raised the issue of accident in questioning some of the official witnesses, positing that distraction may have been responsible. The Fire Service investigator said he saw no suggestion of the fire trailing back to its source at the stove, as he said would have happened if the stove was turned on and a match applied after a delay caused by distraction.
Justice Lord left the jury to decide on this issue, as several of the witnesses disagreed as to whether there was any damage caused to the stove.
Justice Lord set the sentence to begin from the date of conviction.