Fahie v. People

62 V.I. 625, 2015 V.I. Supreme LEXIS 12
CourtSupreme Court of The Virgin Islands
DecidedMay 18, 2015
DocketS. Ct. Criminal No. 2013-0042
StatusPublished
Cited by10 cases

This text of 62 V.I. 625 (Fahie v. People) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fahie v. People, 62 V.I. 625, 2015 V.I. Supreme LEXIS 12 (virginislands 2015).

Opinion

OPINION OF THE COURT

(May 18, 2015)

SWAN, Associate Justice.

Jamal J. Fahie was convicted of first and second-degree murder, three counts of possession of an unlicensed firearm, and one count of first degree assault. Fahie asserts that the evidence was insufficient to convict him, that the trial court erred in denying his motion for judgment of acquittal under Rule 29 of the Federal Rules of Criminal Procedure, that the trial court erred in giving improper jury instructions, and that the trial court erred in admitting prejudicial photographic evidence. Because we find that no reversible error was committed during trial and that the evidence was sufficient to convict Fahie on all charges, we affirm.

I. FACTS AND PROCEDURAL HISTORY

On November 19, 2011, at approximately 5:30 p.m. Omari Baltimore was shot 19 times while walking up Bunker Hill in the vicinity of Garden Street on St. Thomas. Simultaneously, Carol Kelly was walking up Bunker Hill when she witnessed the murder and shooting of Baltimore. She immediately called 911 to report the shooting. Subsequently, Kelly identified Kamaal Francis as the shooter from a police photo array.

The police arrested Francis the following day and charged him with first-degree murder and several other crimes. Francis initially denied any involvement in the shooting and claimed that he was gambling at a location miles away from Bunker Hill at the time of Baltimore’s murder. However, Francis later recanted this statement and informed the police that he was at the scene of the shooting but that it was Jamal Fahie who shot Baltimore. Francis further stated that Fahie was perturbed at seeing Baltimore, who is from the Savan area of the island, in the Garden Street area because there existed gang-related animosity between the residents of the two areas. Additionally, Francis claimed that he was not initially truthful with his version of events surrounding Baltimore’s murder because he feared that his life would be in jeopardy if he was labeled a “snitch.”

[629]*629Francis gave a detailed description of how Fahie committed Baltimore’s murder as well as a description of what clothing Fahie was wearing at the time of the murder, including long black pants, a white shirt, a blue and black New York Yankees cap, and a ski mask. Police authorities later found these items secreted in Fahie’s residence. The trial record reflects that gunshot residue particles were found on the clothing retrieved from a bedroom inside Fahie’s residence. Francis also testified that a Glock firearm was used in the commission of Baltimore’s murder, which was corroborated by the People’s expert witness.

The defense called Fahie’s cousin, Shakir Davis, as an alibi witness. Davis testified that Fahie was with him at his home when the murder occurred. However, Davis did not immediately tell anyone of Fahie’s whereabouts around the time of Baltimore’s murder or after Fahie’s arrest. It was eleven months after the murder when Davis first told Fahie’s attorney of Fahie’s whereabouts on the night of Baltimore’s murder.

Francis was arrested and charged with several crimes, including aiding and abetting in the first-degree murder of Baltimore. Francis consummated a plea agreement with the People, pursuant to which he was allowed to plead guilty to the crime of being an accessory after the fact in exchange for his testimony against Fahie. Fahie was charged in a fifth amended information and was subsequently convicted of first and second-degree murder, three counts of unauthorized use of a firearm, and assault in the first degree. This appeal ensued.

II. JURISDICTION

Title 4, section 32(a) of the Virgin Islands Code provides, in pertinent part, that “[t]he Supreme Court shall have jurisdiction over all appeals arising from final judgments, final decrees or final orders of the Superior Court, or as otherwise provided by law.” The Superior Court’s judgment and commitment in this case, entered on May 10, 2013, was a final judgment, and Fahie timely filed a notice of appeal. Francis v. People, 59 V.I. 1075, 1078 (V.I. 2013). Accordingly, we have jurisdiction over this appeal. Potter v. People, 56 V.I. 779, 787 (V.I. 2012).

III. ISSUES AND STANDARD OF REVIEW

On appeal, Fahie propounds the following issues for consideration: A) whether the evidence was insufficient to convict him, B) whether the trial court abused its discretion in its final jury instructions on aiding and [630]*630abetting, C) whether the trial court abused its discretion in giving a jury instruction regarding the People’s duty to procure scientific evidence and its duty to employ special investigative techniques, D) whether the trial court abused its discretion in failing to give the requested cautionary jury instruction regarding accomplice liability, and E) whether the trial court abused its discretion in admitting autopsy photographs of the deceased into evidence.

Our standard of review in examining the Superior Court’s application of law is plenary, while findings of fact are reviewed only for clear error. St. Thomas-St. John Bd. of Elections v. Daniel, 49 V.I. 322, 329 (V.I. 2007). We review a trial court’s decision to admit evidence for abuse of discretion. Morton v. People, 59 V.I. 660, 665 (V.I. 2013); Francis, 56 V.I. at 370, 379 (V.I. 2012); George v. People, 59 V.I. 368, 386 (V.I. 2013).

In our review of a claim of insufficiency of the evidence we apply a “particularly deferential standard of review.” James v. People, 60 V.I. 311, 317 (V.I. 2013); Castor v. People, 57 V.I. 482, 488 (V.I. 2012). An appellant has a very heavy burden in advancing an insufficiency of the evidence claim. Latalladi v. People, 51 V.I. 137, 145 (V.I. 2009). We must affirm a jury’s verdict as long as substantial evidence was presented at trial to allow a rational trier of fact to convict when the evidence is viewed in a light most favorable to the government. Webster v. People, 60 V.I. 666, 678-79 (V.I. 2014); Cascen v. People, 60 V.I. 392, 401 (V.I. 2014); Stevens v. People, 52 V.I. 294, 304 (V.I. 2009). Secondarily, a finding of insufficiency of the evidence should be confined to those cases in which the prosecution’s failure to establish the elements of the crime is clear. James, 60 V.I. at 318; Todmann v. People, 59 V.I. 926, 934 (V.I. 2012).

Generally, we review the wording of an instruction for abuse of discretion. Ostalaza v. People, 58 V.I. 531, 556 (V.I. 2013); Jackson-Flavius v. People, 57 V.I. 716, 721 (V.I. 2012). However, “in the absence of an objection to a jury instruction, we review for plain error.” Jackson-Flavius, 57 V.I. at 721.

Lastly, we review de novo a trial court’s denial of a motion for judgment of acquittal. Ramirez v. People, 56 V.I. 409, 417 (V.I. 2012); Stevens v. People, 52 V.I. 294, 304 (V.I. 2009).

[631]*631IV. DISCUSSION

A. The trial court did not err in failing to grant Appellant’s motion for judgment of acquittal or for failing to grant a new trial.

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Bluebook (online)
62 V.I. 625, 2015 V.I. Supreme LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fahie-v-people-virginislands-2015.