Merrifield v. People

56 V.I. 769, 2012 WL 2308431, 2012 V.I. Supreme LEXIS 51
CourtSupreme Court of The Virgin Islands
DecidedJune 15, 2012
DocketS.Ct. Criminal No. 2011-0034
StatusPublished

This text of 56 V.I. 769 (Merrifield 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
Merrifield v. People, 56 V.I. 769, 2012 WL 2308431, 2012 V.I. Supreme LEXIS 51 (virginislands 2012).

Opinion

OPINION OF THE COURT

(June 15, 2012)

SWAN, A.J.

Appellant, Denalson W. Merrifield, appeals his convictions for aiding and abetting first degree murder, first degree assault, and unauthorized possession of a firearm during a crime of violence. Merrifield further appeals the Judgment and Commitment entered by the trial court on June 28, 2011, together with other orders denying his various motions, including his Motion for Judgment of Acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure. We conclude that the trial court erred in denying Merrifield’s Rule 29 Motion for Judgment of Acquittal; therefore, we reverse all of his convictions. Because we reverse Merrifield’s convictions for insufficiency of the evidence as a matter of law, it is unnecessary to address the remaining issues raised.

I. FACTS AND PROCEDURAL HISTORY

Merrifield and Nesta “Lion” James, co-defendants, were charged with aiding and abetting each other in the murder of Tameka “Crucian” Edwards, whose body was found on August 23, 2009 in Estate Contant on St. Thomas, USVI. The salient facts surrounding Edwards’ death are as follows.

Late at night on August 21, 2009 or early morning on August 22, 2009, Edwards, Jesse Smalls (“Smalls”), Myoshi McClean (“McClean”), and Symore Brown (“Brown”) went to Club Lexus on St. Thomas. After taking McClean to the Club, Brown left but returned later and waited inside his vehicle in the parking lot for McClean to complete her shift as a bartender. While waiting, Brown heard shots being discharged and left his vehicle to investigate what was occurring. He immediately encountered McClean holding Smalls, who had been shot and had died. (J.A. at 463.)

After the shooting incident and while at the club premises, Edwards gave a statement to police regarding her observation of the circumstances surrounding Smalls’ death. According to Edwards’ statement, she was [771]*771sitting with Smalls outside the Club when Smalls stated that he was feeling “bad vibes,” after observing approximately five males attired in similar clothing congregating in the area. (J.A. at 999-1000.) Edwards left the immediate area where they were sitting, after discovering that Smalls had a firearm. As Edwards was returning to the Club, the five men Smalls had referenced earlier walked past Edwards. Thereafter, shots were fired, and Edwards ran towards the Club. (J.A. at 1000.)

Police officers arrived on the scene immediately after the shooting and instructed all persons in the area to leave the scene, including McClean, who had been holding Smalls’ lifeless body. (J.A. at 463.) McClean and Brown immediately left the area in Brown’s vehicle. On their trip home, McClean sent text messages to James and Merrifield informing them that Smalls was shot and had died. (J.A. at 463.) James and Merrifield lived in the same neighborhood as McClean and were close friends with Smalls. Before arriving at McClean’s apartment, McClean and Brown stopped at the home of Smalls’ parents, who also lived in the same area, to inform them of Smalls’ death. (J.A. at 465.)

After leaving the home of Smalls’ parents, McClean and Brown went to McClean’s house. (J.A. at 468.) Shortly after they arrived, Merrifield knocked on McClean’s door and said “Jesse is dead” and continued with — “Wait till Lion gets here, wait till Lion gets here” and that when Lion got there it was “going to be on.” (J.A. at 468.) “Lion” is James’ sobriquet. Merrifield left McClean’s house and returned shortly thereafter with James, who was visibly distraught and crying. (J.A. at 468.) At this time, James brandished a handgun and inquired about the circumstances surrounding Smalls’ death, simultaneously accusing McClean and Edwards of “setting up” Smalls. (J.A. at 468-469.) James repeatedly asked McClean where “the Crucian girl” was, referring to Edwards. (J.A. at 469.) During this encounter, Merrifield instantaneously reiterated parts of what James was saying to McClean. (J.A. at 470.) McClean assured James that she knew nothing of Edwards’ whereabouts. (Id.)

James and Merrifield left the immediate area but returned shortly thereafter. Upon that return visit, James was armed with a weapon similar to an AK-74 assault rifle, which had a sheet or a pillow case wrapped around it. (J.A. at 472.) James again left the immediate area but returned a third time with a different individual. (J.A. at 473.) Merrifield was not present when James returned on the third occasion that evening. (Id.) McClean called her landlord to report that James possessed a gun and had [772]*772threatened to kill her and Edwards. McClean and Brown left the area and proceeded to the Paradise Point Tramway Complex in Estate Havensight. (J.A. at 475.)

While these events were occurring, Edwards was still at the Club. Detective Jason Marsh, one of the officers dispatched to the crime scene, took Edwards to the police station and obtained a statement from her. After giving the statement and informing the Officer that she needed to return to work, Edwards was transported back to the Club. Later that morning, Alpheus Lettsome (“Lettsome”), who was also at the Club that night, gave Edwards a ride in his truck to McClean’s home, where Edwards frequently stayed. After Edwards exited his truck but before he was able to leave the area, someone with a gun approached Lettsome’s truck and told him, “don’t move.” (J.A. at 689.) Lettsome, who was sitting in his truck, was only able to see a rifle, which he described as having a pillow case or sheet tied around it. (J.A. at 690.) This encounter occurred sometime in the morning on August 22, 2009. Lettsome saw only one person and hurriedly departed the area as the person with the rifle discharged shots at his truck. (J.A. at 692.) One of the shots penetrated the truck and grazed Lettsome’s leg. (J.A. at 691.)

When McLean and Brown returned home at approximately 1:00 p.m. the following day, August 23, 2011, they encountered Edwards’ dead body in the back yard. (J.A. at 476.) There was a cellular telephone plugged into an electrical outlet on the back porch of their home, which was not owned by either McClean or Brown. At trial, McClean testified that James often plugged his cell phone into the same wall outlet to charge it. (J.A. at 476.) McClean contends that the cell phone had not been on the back porch when she and Brown left the house the previous day. McClean immediately called the police. (J.A. at 490.)

On August 27, 2009, Dr. Francisco Landron, the Medical Examiner for the Virgin Islands, performed an autopsy on Edwards’ body and concluded that she died from multiple gunshot wounds. A firearms examiner concluded that the bullets found in Edwards’ body were likely discharged from an AK-74 assault rifle. (J.A. at 675-676.)

On January 5, 2010, the People of the Virgin Islands charged James, Merrifield and another individual named Junnie Etienne in a twenty-seven count Information with crimes associated with the murder of Edwards. At the beginning of the trial, the People moved to dismiss the case against Etienne without prejudice because of the People’s inability to prove the [773]*773case against Mm beyond a reasonable doubt. (J.A. at 395.) The trial court granted the motion to dismiss that matter without prejudice.

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Cite This Page — Counsel Stack

Bluebook (online)
56 V.I. 769, 2012 WL 2308431, 2012 V.I. Supreme LEXIS 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrifield-v-people-virginislands-2012.