A man who called 911 and said he had killed his wife was sentenced on Monday after pleading guilty to making a false report of a commission of an offense.
Carlos Cotes Incinosa, 46, was given a suspended sentence and ordered to do 80 hours of community service after Magistrate Valdis Foldats heard that Mr. Cotes Incinosa had made the false report, asked to be arrested, and then assaulted an officer involved in his arrest.
Crown counsel Darlene Oko said the incidents occurred on the morning of May 20, 2017, when a domestic incident was reported to 911. Mr. Cotes Incinosa called the emergency number and said he had beaten his wife and killed her.
Officers were sent to the West Bay residence, where the defendant met them and said, “Come this way.” He led them to a bedroom and when the officers entered, they saw the wife in bed watching TV.
Mr. Cotes Incinosa told them he wanted to be arrested and taken away from the house. In the discussion that followed, he asked, “What do I have to do to get arrested?”
He was arrested and taken to the Fairbanks Detention Centre. On arrival, instead of getting out of the police vehicle, he kicked at the officer who was assisting his exit. Ms. Oko said the officer was not seriously injured, but she handed up a photo showing Mr. Cotes Incinosa’s shoe prints on the officer’s trousers.
In court this week, the defendant said he had been handcuffed and the officers had hit him.
Magistrate Valdis Foldats said he was sentencing Mr. Cotes Incinosa for what he had done to the police, not for what the police allegedly did to him. He pointed out that Mr. Cotes Incinosa could file a complaint against the police.
He reminded Mr. Cotes Incinosa of what he had said when he first came to court in July 2017. He quoted from his file notes that the defendant had told the court, “I was intoxicated. I don’t remember. I’m sorry.”
The magistrate indicated that those words formed the basis on which he preferred to pass sentence. Mr. Cotes Incinosa said he did apologize to the officer after the incident and the magistrate said he was pleased to hear that.
Ms. Oko also brought to the court’s attention the immigration status of the defendant, who is a Colombian national. Information from the chief immigration officer indicated that Mr. Cotes Incinosa had been in Cayman since around 1997, had various work permits, had been married twice, divorced twice and married again to his current spouse, and his last work permit had expired in August 2017.
Mr. Cotes Incinosa explained that he was getting papers together to apply for another work permit. He said he had two adult children and two very young children in Cayman, whom he was helping to care for while their mother was in custody for an unrelated matter.
The magistrate said both offenses were extremely serious and had crossed the custody threshold. However, he thought that Mr. Cotes Incinosa’s immigration situation needed to be sorted out.
He suggested that the false report had been the result of drinking and anger.
“You can just imagine the reaction to a 911 call like that,” he told the defendant. “Police resources were sent to your address. Those officers could have been doing other things in the community.”
The magistrate also referred to cases involving assault on police officers. An attack on an officer is an attack on the rule of law, he pointed out.
For the false report and assault on an officer, the sentence would have been six months imprisonment, but that term was reduced to four months because of the guilty pleas. The magistrate made the sentences concurrent and then suspended them for two years. He imposed 80 hours community service for disorderly conduct in connection with the same incident.