DENVER — Following an hourslong and emotionally charged hearing Friday afternoon, a Denver district judge sentenced a teen to 40 years behind bars for his role in an intentionally set fire in Denver that killed five family members - including two small children.
Gavin Seymour, who had turned 16 days before the fatal fire in August 2020, was immediately remanded into the custody of the Colorado Department of Corrections.
"I hope they describe to you what you left behind," a friend of one of the victims said.
It was a reference to the way the family died - trying to escape a fire that was intentionally set with matches and gasoline in the middle of the night as they slept upstairs on Aug. 5. 2020.
"I relive August 5th 2020 every day I wake up," Seymour said before he was sentenced. "I want to apologize for my role in the arson. There is not a moment I don't feel remorse. I wish it was me instead of them."
Djibril "Jibby" Diol, his 23-year-old wife Adja, and their 21-month-old daughter, Khadija were trapped inside the home on North Truckee Street and died. Djibril's sister, Hassan, and her 6-month-old daughter, Hawa Beye, were also killed.
Their bodies were all found near the front door. Three other people survived the fire by jumping from a second-story window, according to Denver Police.
In January, Seymour, who is now 19, pleaded guilty to a single count of second-degree murder. In exchange for the plea, 60 other counts against him were dismissed. Those charges included multiple counts of first-degree murder, attempted murder, assault and arson.
As a result of the plea, he faced between 16 and 40 years behind bars. Family members of the victims and Seymour spoke for hours on Friday. Each side made arguments for the minimum or maximum sentence.
Seymour's family described him as a good kid who was a "follower" who gave in to peer pressure.
"Teenagers often succumb to peer pressure. I think all our lives would be different if we were judged by one mistake we made while growing up," Seymour's father, Michael Shane Seymour, said.
"No words I can say will change that or make it any better. I pray for the victims in the Senegal community every day."
They argued he should be given another chance due to his age, immaturity and his ability to be rehabilitated. They also pointed out he had no prior criminal history
"This tragedy does not define his soul," his mother, Stephanie Tyler, said. "Gavin is not a monster - He made a grave decision. He is ready to atone."
Family and friends of the Diol family strongly disagreed - with several of them saying that only a monster could do something horrible.
"You don't deserve jail - you deserve the death penalty - but since we don’t have that in Colorado - give the maximum," said Hapsa Ba.
Hamady Diol, who testified by phone from Senegal with the help of a translator, lost his son, daughter, and grandchildren in the fire.
"I'm powerless. I'm unlearned - but know that the people you killed they couldn't even kill a fly," he said. "The people you killed were my hope and life. Know you haven’t just killed five people -myself and their mother - we’re breathing - but we’re dead."
Others talked about the wide impact on the immigrant community. In the immediate aftermath of the fire - with no arrests and no motive known - many feared the fire was racially or religiously motivated. They worried they too would be killed.
"Nobody is in their right mental mind since that day," said one friend who held up a pair of Djibril Diol's shoes saying it was the only thing he had left of his friend.
"[They are ] Scared to death they could killed in their home at any moment. We live with this the rest of our lives. They [the immigrant community] lost trust in the system. You can restore that - even though we know that max [sentence] is not going to happen."
One friend said he had to be at the sentencing because Djibril Diol had saved his life. He went on to describe how he nearly drowned in 2018 after getting a cramp while swimming and said it was Diol who had jumped in to save him.
"Every week I see "Jibby" while I'm asleep - at least once," he said. "I'm going to live with it the rest of my life. He was a great man - the only son from his mother - now he’s gone."
A veteran police detective told the judge about the impact of the case and investigation.
"We see death every day - usually learn to live with it," said Detective Niel Baker. "This case - I'm going to take with me forever."
He told the judge about a fellow officer who broke down crying as he described kicking in the door of the burning home to find a small child's body just inside the doorway.
"This is by far the worst and most senseless murder I have ever investigated," said Baker. "I can't think of anyone that is more deserving of a maximum sentence. Five people died. Two babies. Their families are completely broken."
He noted that Seymour and the other suspects, Kevin Bui and Dillon Siebert, had spent weeks planning the fire as revenge after Bui's phone was stolen. According to court documents, they targeted the home because they believed it belonged to someone who had stolen that phone.
On the day of the fire, Baker said, Seymour searched news stories about the fire - and knew who was killed. Instead of coming forward and doing the right thing, he said Seymour went camping with Bui and took a trip to Cancun with Bui's family.
It was five months before police were able to identify and arrest them.
The youngest of the suspects, Siebert, pleaded guilty in December 2022 to second-degree murder and use of a weapon during a violent crime, which was a sentence enhancer.
He was sentenced as an adult to seven years in Youth Offender Services. He was also sentenced in juvenile court to serve three years in the Division of Youth Services. He will serve the time in Youth Offender Services after his juvenile sentence is completed.
Siebert also faces a suspended sentence of 26 years in Youth Offender Services, which he would only have to serve if he violated the terms of his seven-year sentence.
Bui is next due in court on March 21.
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