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UPDATE: Steve Fossi gets non-custodial sentence

- fined $45K for each count of manslaughter; Justice Nicola Byer said although mitigating circumstances outweighed the aggravating ones, the seriousness of the offence had to be considered
Steve Fossi leaving court today February 24, 2016 following the conviction. Photo: VINO
Steve Fossi being taken into custody today February 23, 2016 following his guilty verdict. Photo: VINO
Steve Fossi being taken into custody today February 23, 2016 following his guilty verdict. Photo: VINO
ROAD TOWN, Tortola, VI – Steve Fossi, the boat captain convicted of manslaughter for the death of two persons following a boat accident off Virgin Gorda on January 24, 2015, was today February 24, 2016 fined $45,000 for each count.

The trial in the High Court, which lasted about two weeks, came to a conclusion yesterday February 23, 2016 when a Jury found him guilty on both counts of manslaughter for the deaths of Kari Ann Way of the United States and Howard Anderson of Jamaica.

Speaking prior to handing down her sentence, Justice Nicola Byer said the mitigating circumstances outweighed the aggravating circumstances in the matter and hence her sentence. She stated, however, that the seriousness of what happened on that fateful day must be taken into account, as more than one person was killed and more than one injured as a result of the accident under the helm of Fossi.

She said too that Fossi had consumed alcohol on the day of the accident and had to have been impaired.

Justice Byer said no sentence can bring back the departed and urged Fossi to hold strong to his faith now that his life has been forever changed, given that the persons who perished in the accident were close friends of his and the responsibility for that will be something he has to live with.

Fossi has until Monday February 29, 2016 at 4:30 pm to pay the fine or face two years imprisonment, which would run concurrently.

See previous article published on February 23, 2016:

Steve Fossi found guilty on 2 counts of manslaughter

ROAD TOWN, Tortola, VI - The Jury in the manslaughter case against Steve Fossi today February 23, 2016 returned a guilty verdict on both counts.

Fossi, 43, was the captain of the inflatable vessel, ‘The inevitable’, that allegedly hit a rock in the vicinity of Cow Mouth off Virgin Gorda on the night of January 24, 2015. Two passengers were killed in the accident – Howard Anderson of Jamaica and Kari Anne Way of the United States.

When asked whether he had anything to say following the verdict he said "no."

The sentencing hearing is set for tomorrow February 24, 2016 where both parties are expected to make statements.

Defence attorney Rebecca Trowler asked for bail for her client until tomorrow, however, Crown Prosecutor Valston Graham said he sees no reason to depart from the usual practice of putting a convicted person in custody pending the commencement of sentencing hearing.

Justice Nicola Byer then ruled that the convicted Fossi remain in the custody of Her Majesty's Prison for the sentencing process.

See earlier stories here:  

http://www.virginislandsnewsonline.com/en/news/fossi-consumed-alcohol-on-day-of-fateful-accident-court-told

http://www.virginislandsnewsonline.com/en/news/update-steve-fossi-diagnosed-with-ptsd-following-boat-accident

 

63 Responses to “UPDATE: Steve Fossi gets non-custodial sentence”

  • Ducks5 (23/02/2016, 16:45) Like (10) Dislike (66) Reply
    Right where he belongs!
  • STX (23/02/2016, 16:52) Like (12) Dislike (4) Reply
    CC Graham you are a boss
  • foxy (23/02/2016, 17:09) Like (40) Dislike (42) Reply
    Wow did not know they ever put whites in jail in the bvi
    • wize up (23/02/2016, 19:48) Like (9) Dislike (11) Reply
      @ foxy: all now i it at Peebles hospital in the recovery ward; white boy going jail(wow)...he might appeal then allowed to walk free pending the appeal
    • resp (24/02/2016, 12:59) Like (15) Dislike (16) Reply
      Thats cause they rarely break the law and are most civilized unlike some of folk here
  • long look me come from (23/02/2016, 17:40) Like (16) Dislike (12) Reply
    Hope hw is not one of kedrick rich white friends
  • pumpkin (23/02/2016, 18:05) Like (3) Dislike (40) Reply
    Don't drop the soap!
  • Food for thought (23/02/2016, 18:05) Like (25) Dislike (2) Reply
    Put the BIG TIME thieves in jail too. Look like only the petty thieves getting caught and getting jail time.
    • wize up (23/02/2016, 21:26) Like (3) Dislike (6) Reply
      @ food for thought: what is so petty about causing death and injury to others: some family is now missing their love ones because of this guy( petty?)
  • de silent one (23/02/2016, 18:47) Like (6) Dislike (15) Reply
    A good investigation that resulted in a successful prosecution. Big up to all involve.
  • Just saying (23/02/2016, 20:46) Like (119) Dislike (1) Reply
    Yes what happened is horrible and very sad for all the persons involved. But come on folks it's not like he made up his mind to go out and Run the boat on the rocks, It was an accident, it could of happened to anyone. I hope the family of the deceased continue to find comfortthrough the tough times and I'm sure Mr Fossi feels horrible about this whole matter as I'm sure they were all friends out having fun that night when it occurred. Sad day for all parties involved.
    • Let's be fair (23/02/2016, 22:19) Like (153) Dislike (7) Reply
      The fact that he had five and a half drinks and knew he was the captain of the vessel is more than enough to convict him. He held the lives of every one on that vessel in the palm of his hand and was irresponsible. Lives were lost. RIP
      • Wow!!!! (24/02/2016, 07:07) Like (56) Dislike (1) Reply
        @Let's be fair..he was not only the one responsible for their lives..as friends they should have told him he had enough and insist that he should not be the one to captain the boat.
        A lot of us will blog about this incident and yet we will still enter a vehicle with our drunken friends at the wheel!!!
        let that be a lesson to all of us..have the testicular fortitude to tell your friends when they are drunk that they can not drive or command any moving vehicle and if they do not want to listen take away the keys!!! or simply call someone else to take you home.
        • Jamdown (25/02/2016, 09:46) Like (4) Dislike (0) Reply
          @wow I really love how you look at things you said it very well maybe and maybe they where drinking too.
      • micky mouse (25/02/2016, 22:34) Like (1) Dislike (0) Reply
        You were there to know how much he drank. I have sympathy for the family who lost their love ones.At the same time they were friends ,working the same place. And accustom liming together. He have to live with being the cause of 2 close friends death. Please have a heart ,they were all drinking.
    • round rock (23/02/2016, 23:51) Like (8) Dislike (1) Reply
      Just saying $ having fun and not using your head is two different thing, comon sense do not operate a boat while drunk plain and simple
      • Curly (24/02/2016, 07:20) Like (19) Dislike (1) Reply
        If you read some of the original facts it says he had five drinks over several hours with food, big difference.
        • Thinking Alike (24/02/2016, 14:18) Like (4) Dislike (2) Reply
          I was saying the same thing it never say he was drinking up to the point of leaving and driving the boat it say several hours that could mean he was in his good mind what he was doing. everything happen for a reason but he didn't mean for no one to die. I guest Shaba gonna be blame for chance death too. cuz word on the street he was throw from the boat he didn't jump. just thinking out loud
    • wize up (24/02/2016, 05:29) Like (8) Dislike (7) Reply
      @ just saying: what about the families of the victims; what about their pain and sorrow the lost of a love one: you have to stop marginalizing certain issues and call a spade a spade.....
      • @ wize up (24/02/2016, 09:02) Like (33) Dislike (1) Reply
        What about them? Taking him to prison does not bring the deceased back to life. Furthermore, these "loved ones" you are referring to includes Mr. Fossi. He was their friend. So not only does he have to mourn their deaths but he also has to live with the guilt of knowing he drove them to their demise. I do agree that he should suffer some consequence as the captain of the boat. He does hold some greater responsibility than anyone else on the boat. But I would definitely advocate for some lenience.
  • forgive (23/02/2016, 21:32) Like (51) Dislike (2) Reply
    I agree it's was an accident. I knew and worked with Fossil and he is a humble and nice person. It's very unfortunate what happen but he deserve a second chance. My prayers are with him and the families of the deceased.
  • fish (23/02/2016, 21:40) Like (3) Dislike (35) Reply
    He goin wilfully drop de soap
  • chad (23/02/2016, 22:42) Like (63) Dislike (2) Reply
    I actually feel sad for him. I'm quite sure he didn't intend for them to die. Hell, he could have been dead himself. This is all so unfortunate.
  • Wow2 (23/02/2016, 22:46) Like (55) Dislike (2) Reply
    And what's even more disturbing for me is that I know people on this very island who are responsible for the accidental deaths of other persons but they are walking free. Never seen the inside of a jail to this day. Three of them come to mind and they are all black and local. Makes me wonder if we are making an example out of this man or if there are powerful persons behind the scenes steering this justice boat to save their own behinds. (Things that make you go hmm)
  • Ja rules (23/02/2016, 22:51) Like (57) Dislike (2) Reply
    Sending a man jail for a accident and these government ministers that's robbing us are free
    • wize up (24/02/2016, 07:28) Like (3) Dislike (26) Reply
      @ JA rules: this man been found guilty in the court of law: when the government ministers are taken before a court and found to be guilty of wrong doing they will join this guy in the same jail..this man caued death and injury; so what about families of the victims ( don't drink and drive )
  • VIG (23/02/2016, 23:16) Like (65) Dislike (0) Reply
    I worked with Captain Fossi and one of the victims. I could not imagine what he is going thru losing his friends in this tragic accident. I respect that he returned to the BVI'S to face his consequences . He is not a criminal and he has to live with this for the rest of his life. Thats worse than any sentence tomorrow. Prayers to the families that lost loved ones.
  • Curly (24/02/2016, 00:27) Like (20) Dislike (7) Reply
    I just don't agree with this sentencing at all. This was a tragic accident and something this man will have to live with for the rest of his dsys. There have been a few deaths where people have died in the bvi on yachts and I am not aware that any of the drivers were prosecuted. Possibly making an example its not the first time in the last year. I suppose it's not the same when you are not from here and don't have friends in certain pkaces. Thoughts are with the family.
    • wize up (24/02/2016, 07:36) Like (8) Dislike (17) Reply
      @ curly: BVI jail house is filled mostly with persons from here so what is your point: had he been from here he would not have gotten any bail in the first place following the accident ( not to worry some one of the NDP's rich white friends will have a drink with the Governor of this territory and that guy will be allowed to leave the territory long before his sentence is up)..run go talk that??!!!!
      • VIG (24/02/2016, 18:58) Like (26) Dislike (1) Reply
        He needed medical attention after the accident that the BVI could not provide so he was able to go home and did return like a man to face his sentence
      • Curly (24/02/2016, 21:40) Like (10) Dislike (0) Reply
        My point was local captains have been involved in accidents where death was caused and were not found guilty.
  • woy! (24/02/2016, 00:36) Like (2) Dislike (7) Reply
    drunk denied drunk ?
  • SB (24/02/2016, 09:14) Like (6) Dislike (27) Reply
    I can tell you ONE THING. If Kary Ann Way didn't die NOBODY WAS GOING TO JAIL.
    • Right.. (24/02/2016, 10:29) Like (20) Dislike (1) Reply
      I can tell you one thing, YOU ARE AN IDIOT! Get off the blogs and go push some paper fake online thug. LOL!
      • SB (24/02/2016, 12:17) Like (1) Dislike (5) Reply
        Truth hurts and if you want prove how fake I am you know where to find me it isn't hard.
    • pes (24/02/2016, 12:57) Like (4) Dislike (0) Reply
      SB is a well balanced , he has a chip on both shoulders
  • SB (24/02/2016, 12:20) Like (0) Dislike (5) Reply
    Rock man to the bone so best believe there is something for you, how is my online thugging? Rate me please.
  • hard choice (24/02/2016, 17:50) Like (4) Dislike (1) Reply
    90 thousand dollars or one year in jail. Thats a hard choice. Glad I don't have to make that choice.
  • Yes (24/02/2016, 18:30) Like (10) Dislike (2) Reply
    To all you negitive bloggers he can drop the soap however he wants cause he is home. Blog that!
  • Cagney (24/02/2016, 19:49) Like (20) Dislike (2) Reply
    Justice is served......so happy he is free.
  • fish man (24/02/2016, 19:57) Like (3) Dislike (14) Reply
    So what im understanding is that those people lives value $45 000? Wow
  • Only in the BVI (24/02/2016, 20:00) Like (3) Dislike (18) Reply
    When yo white yo right.
    • Winston (24/02/2016, 21:23) Like (11) Dislike (1) Reply

      Racist j**k@$$ !!!!! And I am black.

      • wize up (25/02/2016, 11:03) Like (2) Dislike (5) Reply
        @ Winston: I am as black as one can get and I will shout from sage mountain had this been a black man he would have gotten prison time....you can sit on your black @$$ with your dumb racial stupidness...in this territory whites are dealt with far different that black people; stop hiding behind the racial comments and speak the truth.....
    • TALK THAT (24/02/2016, 21:29) Like (24) Dislike (1) Reply
      Talk That: A BLACK judge passed the sentence. I'm not against the judge that passed the sentence but the ignorance of many of the blogs.

      Talk That: This man could have disappeared to any part of the world and not return to BVI to face the consequences of his actions. How many of you blogging would have done that?

      Some people talk the talk but can't walk the walk.

      Talk That: I am glad he is free to go back home.
    • Slim virgin (25/02/2016, 01:33) Like (1) Dislike (0) Reply
      Who your for your for!
  • whew (24/02/2016, 20:04) Like (2) Dislike (1) Reply
    Let's see if the government will appeal this one too
  • little sense (25/02/2016, 05:44) Like (13) Dislike (3) Reply
    I dobelieve it was an accident, but what i would say is these companies coming here dont want to hire the locals who are truly familiar with our cays, our waters and our rocks, but the captains they hire, tho with licences are not accostomed to our ground seas and our hidden rocks and whats not. I think the government should put hese services in operation.
  • WTF (25/02/2016, 07:30) Like (15) Dislike (1) Reply
    If I could I will pay Mr. Fossi's fine. He does not deserve to go to jail. It was a terrible accident. He could have died too.
  • Hmmm (25/02/2016, 08:00) Like (6) Dislike (6) Reply
    question so after he pay that 45 grand X 2 =90 grand who getting that money the court or family of dead, cause if court get all, to me he walking free if I was a family member, compensate them for his recklessness
    • l (25/02/2016, 08:48) Like (4) Dislike (1) Reply
      If he goes to jail, what does the family get?
    • Well... (25/02/2016, 09:26) Like (5) Dislike (2) Reply
      The Family can bring a civil suit against him if they want, that has nothing to do with the criminal court.
  • No Name (25/02/2016, 12:25) Like (0) Dislike (2) Reply
    well hope he is not in punkin cell


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