At Killer’s Sentencing, a Mother’s Grief

BOSTON, Feb. 13, 2015— As the man who gunned down 18-year-old Terrence Kelley was sentenced to life in prison, the slain man’s mother recounted her joy at his birth and the “devastation” she felt upon his death, Suffolk County District Attorney Daniel F. Conley said today.

Suffolk Superior Court Judge Linda Giles today imposed a sentence of life in prison without the possibility of parole for DARIUS GIBSON (D.O.B. 8/16/90), convicted last week of first-degree murder, unlawful possession of a firearm, and witness intimidation for fatally shooting Kelley in Grove Hall five years ago and then threatening the life of a person with information on the case. At the request of Assistant District Attorney Ian Polumbaum, she additionally imposed a five- to seven-year term on the witness intimidation charge, to begin only after he completes a prison sentence on an unrelated triple shooting in Brockton.

Kelley’s mother delivered a moving impact statement to the court before the sentence was imposed.

“On April 26, 1992, my son was placed in my arms for the first time,” she told a hushed courtroom. “He was so precious, his face so flawless, his skin so soft, and I whispered ‘I love you’ for the first time. On May 28, 2010, I was led to a cold table where my beautiful son lay. This time his skin was not soft – only cold, very cold. And I whispered ‘I love you’ for the last time.”

Conley praised her strength – not only during the two years between her son’s murder and the time his killer was ide4ntified, but also during the grueling a grueling three-week trial in which evidence proved that a percipient witness lied to Boston Police about the homicide and the killer himself threatened another witness to scare her into silence.

“This was a very difficult case for us, but it was so much more so for her,” Conley said. “And yet she was strong. She was proud. She reminded us all what a fine man her son would have grown into had he not been cut down at just 18 years old.”

At trial, Polumbaum presented evidence and testimony to prove that Gibson saw Kelley on Creston Street on May 28, 2010, and, believing that Kelley had robbed an acquaintance of Gibson, chased the teen down and shot him six times as he fled.  The evidence also showed that Gibson then threatened to kill a former girlfriend in an attempt to keep her from providing police with information about Gibson’s role in the murder.

Gibson’s friend who witnessed the murder, JAMES AUSTIN (D.O.B. 3/14/88), is currently serving a sentence of six to eight years in prison after pleading guilty last year to being an accessory after the fact to Kelley’s murder.  Had the case proceeded to trial, the evidence would have shown that Austin lied to Boston Police homicide detectives in a bid to stymie their investigation into the murder.

Timothy Munzert was the DA’s assigned victim-witness advocate.  Gibson was represented by Arthur Kelly.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.