`Time bomb' imprisoned for 25 years
A "time bomb'' was jailed for 25 years yesterday after he admitted the rape and sodomy of an elderly woman out of revenge for pressing charges against him four years ago.
Heman Ledrew Viera stood quietly, the muscles in his temples flexing after Puisne Judge Vincent Meerabux handed down the sentence for what he called an act of "morbid sexual depravity''.
But the judge and Viera's longtime lawyer Mark Pettingill both noted that Viera was "a sad case'' with a mental disability compounded by drug addiction and a life of crime.
Viera was sentenced to 18 years for serious sexual assault of the 77-year-old victim and seven years for robbery.
He took $300 from the woman's home which she shared with her 75-year-old sister and her disabled son.
The sentences are to be served consecutively.
Viera has an extensive criminal record dating to when he was 16 and his record runs to nine pages. He has more than 30 convictions.
This is his third conviction in the Supreme Court and there is the possibility he could be held in prison for up to 14 years on Preventive Detention "at Her Majesty's Leisure'' under the Criminal Code.
As a primary school student Viera made headlines after he fell out of the back of a bus which caused some brain damage.
According to Mr. Pettingill, he has continually sought help for his condition but has had little assistance in controlling his emotions and urges.
"Frankly, I've been his lawyer for many years and when I saw him in March I was shocked,'' he said. "I couldn't believe they would let him out. I crossed the street to him -- I thought he had wandered off! "I said `what are you doing out' and when he said he was released I was shocked. He was a time bomb and he knew it.
"I gave him my card and told him to call me if he was getting down and then that seemingly inevitable call came in that he had been arrested.'' Mr. Pettingill continued: " He knew he was a time bomb. He knew it, I knew it and the system knew it. He has begged for help.
"I appreciate that they have an individual they don't know what to do with.
But I can't imagine what can be worse than to be a person realising this about yourself and not being able to do anything about it.'' Mr. Pettingill added: "My Lord, there were a lot of failures here. The system has failed the victim, it has failed my client, and it has failed the community.'' Mr. Justice Meerabux responded: "Probation Services were clear (that Viera presented a grave danger to society). They repeatedly expressed great concern (about his impending parole in March).
"How on earth can you release this man and not have a structure for him?'' he added. "It astonishes me! We're not saying he's not responsible.
"This was a crime of unnecessary and unwarranted violence. It is unacceptable and as such must be dealt with severely. Members of society must be protected from this sort of behaviour. But how (could he have been released)?'' In March, 1996 Viera was convicted of intimidating the woman to get money for an alleged debt. He was jailed for six months for that offence and in 1998 was jailed for four years for robbery and was released on March 2 this year.
Exactly one month later at 10 p.m. on April 2, the victim investigated a noise in her hallway only to be confronted by an enraged Viera.
Viera gets 25 years in prison Crown counsel Patrick Doherty said he threatened the woman and bundled the trio into one bedroom. When he was confronted by the man, he punched him unconscious.
Viera pushed the woman onto the bed and attempted sexual and anal intercourse, sexually assaulted her then had anal intercourse with her.
When he was finished Viera told the woman: "That's a nice piece of p***y.
I've been looking forward to it for a long time.'' Mr. Doherty said when Viera took the money he told them: "I came for revenge.
I served six months.
"I could kill you right now. Where's the knife? I'm not a killer, I'm out for revenge!'' Before Viera left he tied up the family with bed sheets and stuffed panties and shoulder pads in their mouths and said: "If you call the man, even if it is 15 years I'll kill you.'' An hour later Viera was spotted by officers driving in the victim's car through Hamilton.
He was chased at "excessive'' speeds through city streets, almost hitting a pedestrian before he crashed the car on Derwent Lane.
Viera was "very cooperative'' during the investigation and said he had "built up a hatred'' for the victim since the original attempted robbery.
He told Mr. Meerabux: "For ten years I've been an addict. I'm so very sorry for the victims. I also want to say I'm sorry to my family.'' Viera also begged for treatment abroad and admitted to Mr. Justice Meerabux that he had never received satisfactory counselling in prison.
"I need to say once again I'm sorry to Bermuda,'' he continued. "I don't want there to be any more victims by my hand. I want to be a normal person.
Doing normal things. Please help me.'' Viera appeared to realise the potential sentence he could get as Mr. Doherty reviewed similar cases for Mr. Justice Meerabux and described a man's 24 year sentence for serious sexual assault.
He turned to Assistant Prisons Commissioner Randall Woolridge, who was supervising his conduct while in the court, and said "that's life!''.
In December last year Government abolished the death penalty and mandated that a life sentence is 25 years without parole.
Regulations allow for prisoners to be released "on licence'' or parole for one third of their sentence. Viera was free on parole in April when he committed the serious sexual assault.