People of the Virgin Islands v. Ta'Jhanique Cumberbatach, Sharif Matthew, and Sharif Matthew

CourtSuperior Court of The Virgin Islands
DecidedJanuary 3, 2023
DocketSX-2021-CR-73, SX-2021-CR-75 and SX-2021-CR-214
StatusPublished

This text of People of the Virgin Islands v. Ta'Jhanique Cumberbatach, Sharif Matthew, and Sharif Matthew (People of the Virgin Islands v. Ta'Jhanique Cumberbatach, Sharif Matthew, and Sharif Matthew) is published on Counsel Stack Legal Research, covering Superior 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
People of the Virgin Islands v. Ta'Jhanique Cumberbatach, Sharif Matthew, and Sharif Matthew, (visuper 2023).

Opinion

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST CROIX

PEOPLE OF THE VIRGIN ISLANDS SK 2021 CR 073 Plaintiff, vs TA JHANIQUE CUMBERBATCH Defendant

PEOPLE OF THE VIRGIN ISLANDS SX 2021 CR 075 Plaintiff, vs SHARIF MATTHEW Defendant

PEOPLE OF THE VIRGIN ISLANDS SX 2021 CR 214 Plaintiff, vs SHARIF MATTHEW Defendant

CITE AS 2023 VI SUPER 1

Appearances Patricia Pryor, Esq Virgin Islands Department of Justice St Croix, U S Virgin Islands For the People ofthe Vzrgm Islands

Howard Phillips, Esq Andrew C Simpson, P C St Croix U S Virgin Islands For Sharszatthew

Scott Burton, Esq ' Dudley Newman Feuerzeig St Croix, U S Virgin Islands For Ta Jhamque Cumberbatch

' On December 22 2022, an order was entered appomting Scott Burton Esq as counsel of record for Defendant Ta Jhanique Cumberbatch People ofthe V] v Cumberbatch People ofthe V! 1 Matthew People ofthe V I v Matthew SX 2021 CR 073 SX 2021 CR 075 SX 2021 CR 214 Memorandum Opinion and Order 2023 VI SUPER 1 Page 2 of 12 MEMORANDUM OPINION AND ORDER

WILLOCKS, Senior Sitting Judge

1[ 1 THIS MATTER came before the Court on the People of the Virgin Islands (hereinafter

People ’) motion to consolidate the following cases People ofthe VJ v Cumberbatch (Case No

SX 2021 CR 073) People ofthe V I v Matthew (Case No SX 2021 CR 075) and People ofthe

VI v Matthew(Case No sx 2021 CR 214) 2

BACKGROUND

1] 2 On March 10, 2021, the People filed an information against Defendant Ta’jhanique

Cumberbatch (hereinafter ‘ Cumberbatch ) based on the events that allegedly took place in March

2021 as set forth in the affidavit of Police Detective Aisha Jules of the Virgin Islands Police

Department (hereinafter “Detective Jules ), dated March 10, 2021 The information charged

Cumberbatch with the following counts in Case No SX 2021 CR 073 Count I murder in the first

degree in violation of Title 14 V I C § 922(a)(1) Count II murder in the first degree in violation

of Title 14 V I ( § 922(a)(2) Count 111 assault in the first degree in violation of Title 14 V I C

§ 295(1) Count 1V assault in the third degree in violation of Title 14 V I C § 297(a)(2) (3) &

(4); Count V unauthorized possession of a firearm during a crime of violence, in violation of Title

14 V I C § 2553(a), Count VI unauthorized possession of a firearm in vehicle, in violation of Title

14 V I C § 2553(e) Count VII discharging or aiming firearms, in violation of Title 23 V I C §

479(a) Count VIII possession of ammunition in violation of Title 14 V I C § 2256(3); and Count

[X conspiracy in violation of Title 14 V I C § 551(1)

° For clarity the Court will address the cases by their respective case numbers People ofthe V I l Cumberbatch People oflhe V I v Matthew People ofthe V] v Matthew SX 2021 CR 073 SX 2021 CR 075 SX 202] CR 214 Memorandum Opinion and Order 2023 VI SUPER 1 Page 3 of 12

11 3 On March 12, 2021, the People filed an information against Defendant Sharif Matthew

(hereinafier ‘ Matthew ’) based on the events that allegedly took place in March 2021 as set forth

in the affidavit of Detective Jules, dated March 12, 2021 The information charged Matthew with

the following count in Case No SX 2021 CR 075 Count I possession ofammunition, in violation

ofTitle 14 V l C § 2256(a)

1[4 On September 17, 2021, the People filed an information against Matthew based on the

events that allegedly took place in March 2021 as set forth in the affidavit of Detective Jules, dated

September 14, 2021 The information charged Matthew with the following count in Case No SX

2021 CR 214 Count I murder in the first degree in violation of Title 14 V I C § 922(a)(1) Count

[I assault in the first degree, in violation of Title 14 V I C § 295(1); Count 111 assault in the third

degree, in violation of Title 14 V l C § 297(a)(2), Count IV assault in the third degree, in violation

of Title 14 V I C § 297(a)(4)' Count V unauthorized possession of a firearm during a crime of

violence, in violation of Title 14 V I C § 2553(a); Count VI unauthorized possession of a firearm

in vehicle, in violation of Title 14 V l C § 2553(e); Count VII discharging or aiming firearms, in

violation of Title 23 V I C § 479(a); Count VIII possession of ammunition in violation of Title

14 V l C § 2256(a) and Count IX conspiracy in violation of Title 14 V I C § 551(1)

11 5 On February 7, 2022 the People filed this instant motion to consolidate In response,

Matthew filed an opposition thereto in both Case No SX 2021 CR 075 and Case No SX 2021

CR 214 Cumberbatch has not any opposition in Case No SX 2021 CR 073 3

3 The Office of Territorial Public Defender was initially appointed to represent Cumberbatch and was counsel of record when the People filed its motion to consolidate However, there were several substitutions of counsel for Cumberbatch since the People filed its motion to consolidate On March 8, 2022, the Office of Territorial Public Defender filed a motion to be relieved as counsel which the Court subsequently granted by order on March 14 2022 and it was relieved as counsel for Cumberbatch People ofthe V I v Cumbelbalch People ofthe V I v Matthew People ofthe V I v Matthew SX 2021 CR 073 SX 2021 CR 075 5X 2021 CR 214 Memorandum Opinion and Order 2023 VI SUPER 1 Page 4 of 12

116 Case No SX 2021 CR 073 and Case No SX 2021 CR 075 are currently scheduled to

commence jury selection and trial on January 23, 2023, Case No SX 2021 CR 214 has not been

scheduled for jury selection and trial

DISCUSSION

11 7 In its motion, the People moved to consolidate Case No SX 2021 CR 073, Case No SX

2021 CR 075 and Case No SX 2021 CR 214 pursuant to Rule 8 and Rule 13 ofthe Virgin Islands

Rules of Criminal Procedure (hereinafier “Rule 8” and “Rule 13, ’ respectively) (Motion 2 ) The

People made the following assertions in support of its motion (i) Cumberbatch and Matthew have

been charged with identical charges stemming from the same incident and involving the same

victim and evidence (Id ) (ii) ‘The decision was made to charge Defendant Cumberbatch with

the majority of the crimes before a decision was made to charge Defendant Matthew with them

to wit, “Defendant Matthew was initially charged only with the Possession of Ammunition;

however, further investigation led to the additional charges being placed against him ’ (Id , at 2

3); (iii) “The single charge in SX 21 CR 075 is possession of ammunition The ammunition in

question was discovered in a vehicle driven by Defendant Matthew while the Virgin Islands Police

Department was investigating the murder charged in SX 21 CR 073 and SX 21 CR 214 (Id at

3); (iv) “[T]he crimes charged in all three cases ‘are of the same or similar character or are based

On March 16, 2022, an order was entered appointing Bruce Bennet Esq as counsel of record for Cumberbatch On November 17 2022, Bruce Bennet Esq filed a motion to be relieved as counsel, which the Court subsequently granted by order on November 17 2022 and he was relieved as counsel for Cumberbatch On December 1, 2022 an order was entered appointing Kyle W Beighle, Esq as counsel of record for Cumberbatch On December 13, 2022, Kyle W Beighle, Esq filed a motion to be relieved as counsel which the Court subsequently granted by order on December 22, 2022, and he was relieved as counsel for Cumberbatch People oflhe V I v Cumberbatch People ofthe V I \ Matthew People ofthe V! v Matthew SK 2021 CR 073 SX 2021 CR 075 SK 2021 CR 214 Memorandum Opinion and Order 2023 VI SUPER 1 Page 5 of 12

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Irwin Halper
590 F.2d 422 (Second Circuit, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
People of the Virgin Islands v. Ta'Jhanique Cumberbatach, Sharif Matthew, and Sharif Matthew, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-the-virgin-islands-v-tajhanique-cumberbatach-sharif-matthew-visuper-2023.