Kevin van de B. (29) from Breda was sentenced to 5 years in prison and TBS with compulsory treatment before the court on Wednesday. Kevin allegedly shook his seven-month-old son Rivano so hard in 2017 that the child died two days later. The court previously imposed a prison sentence of 7.5 years on Kevin, but without mandatory treatment.
Acquittal or TBS with compulsory treatment? Between these two extremes, the appeal hearing took place on Wednesday before the court in Den Bosch. The Public Prosecution Service believes that Kevin should also receive mandatory treatment in addition to a significant prison sentence. Kevin’s lawyer does not think this is an issue, because it cannot be established with certainty that Kevin Rivano inflicted that fatal injury. And so Kevin, according to him, should be acquitted.
Nearly six years after the death of their baby, Monique* and Kevin sat together in a courtroom again. The two had a relationship with ‘ups and downs’ and have quarreled since the death of their child. Monique is afraid of Kevin and is staying in an institution in a secret location and Kevin is in custody, although he has also been free for a period after he appealed.
Tongue strap torn loose
The difficult part about the case is that no one saw how baby Rivano was shaken. And how Rivano suffered a serious injury in his mouth. The tongue tie had torn loose and was bleeding profusely. There was blood splatter all over his bedroom.
Experts have determined that the baby was severely abused. The Public Prosecution Service says that only Monique and Kevin have been with Rivano and that Kevin is the only one who has been alone with Rivano. Furthermore, according to the justice system, no one could have caused that injury.
The reasoning is that because the baby was still healthy at five o’clock on November 18 and Monique left the house twice afterwards, Kevin must have done it. Kevin must have shaken Rivano hard and also held a blunt object violently in Rivano’s mouth for several minutes. It is not clear whether this was with an object or with his penis. In any case, semen was found on one of the cuddly toys.
Denied all these years
But Kevin’s lawyer refuted the Advocate General’s reasoning in a long argument. According to him, there is not enough evidence that Kevin did all that. It could just as well have been Monique or a third person. Kevin himself has denied all these years that he has lifted a finger against his son. According to him, he changed him that day, gave him a bottle and put him to bed with Monique. When he noticed that Rivano was no longer breathing during the night, he called 911 and resuscitated the baby.
However, Kevin argues that aggression has been a problem for him for years. In the relationship with Monique, but also beyond. Monique couldn’t compete with Kevin. He was compelling, decisive and controlling. His will was law, Monique declared through her lawyer.
Kevin has previously been convicted several times for threats and assault, even when his prison sentence was briefly suspended. Baby Rivano was removed from the home because, when he was one month old, he had a bruise that was abnormal.
Monique got Rivano back a few months later and was allowed to care for her child under supervision. Kevin was no longer allowed to live with Monique after the baby was abused, because of his aggression and negative influence. But Kevin didn’t care about that and secretly lived with Monique. He was arrested the day after Rivano’s cremation.
Mandatory treatment
The Advocate General demanded on appeal that Kevin now be treated. Obliged. The court previously ruled that this is not necessary, but the judiciary fears that Kevin will otherwise repeat the offense. His aggression and poor development, borderline and anti-social traits are worrying, just like his many convictions, the Advocate General believes. He also does not see his problems and so the Advocate General believes that he should start to see his problems through treatment.
The court takes extra time for this ruling. This is on October 31st.
* Monique is not the real name of baby Rivano’s mother.
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