Sonson v. People

59 V.I. 590, 2013 WL 4812493, 2012 V.I. Supreme LEXIS 90
CourtSupreme Court of The Virgin Islands
DecidedSeptember 9, 2013
DocketS. Ct. Criminal No. 2009-0109
StatusPublished
Cited by11 cases

This text of 59 V.I. 590 (Sonson 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
Sonson v. People, 59 V.I. 590, 2013 WL 4812493, 2012 V.I. Supreme LEXIS 90 (virginislands 2013).

Opinions

OPINION OF THE COURT

(September 9, 2013)

Swan, Associate Justice.

Appellant, Justin Sonson (“Sonson”), appeals his convictions for aiding and abetting the unauthorized possession of a firearm under title 14, sections 11(a) and 2253 of the Virgin Islands Code, and aiding and abetting the failure to report ammunition purchased outside or brought into the Virgin Islands under title 23, section 470 and title 14, section 11(a) of the Virgin Islands Code. Sonson asserts that the [593]*593Superior Court erred when it found him guilty of failure to report ammunition because he neither purchased nor obtained any ammunition. Sonson further asserts that title 14, section 2253 of the Virgin Islands Code is unconstitutional because it is impossible for a constructive possessor of a firearm to be authorized by law to possess a firearm. For the reasons elucidated below, we affirm the convictions on both counts of the Information and further decline to consider the constitutionality of title 14, section 2253 of the Virgin Islands Code.

I. FACTS AND PROCEDURAL HISTORY

On or about April 1,2009, Sonson and others were involved in a verbal altercation in the vicinity of Paradise Mills, Frederiksted, St. Croix. The incident started in the Campo Rico area, when Martin Emmanuel (“Emmanuel”) and his two sons, Deshawn Samuel and Derrick Samuel, were approached by a man, Doug Forbes (“Forbes”), of approximately their age. Forbes began vilifying Emmanuel and his two sons as a continuation of an on-going feud between Forbes and one or both of Emmanuel’s sons.

Emmanuel and his sons decided to depart the Campo Rico area in Emmanuel’s vehicle and to proceed towards their home. Before arriving home, Emmanuel and his sons stopped at a gasoline station to refuel the vehicle. Forbes also stopped at the same gas station. A verbal altercation ensued between the Emmanuels and Forbes. Emmanuel and his sons drove to another gas station, and Forbes again followed them. Another verbal altercation erupted between the parties at the second gas station, including threats by Forbes against the Emmanuels. Eventually, Emmanuel and his sons departed the second gas station and proceeded to their home. During the two gas station incidents, Forbes had been driving by himself in a black Honda Civic vehicle.

Subsequently, Forbes arrived at Emmanuel’s house in Paradise Mills, in the same vehicle he was earlier driving, but now accompanied by Sonson. Sonson approached the door of Emmanuel’s house while Forbes stayed by the vehicle approximately ten to fifteen feet away. When Sonson approached, Emmanuel and his two sons were at the door but still inside of their house. Sonson inquired of the Emmanuels as to who was “messing with his partner,” Forbes. Emmanuel encouraged Sonson to enter his home to further discuss Sonson’s accusation against them. When Sonson refused, Emmanuel grabbed Sonson’s arm, causing Sonson’s shirt [594]*594to tear. Also, Emmanuel saw Forbes, who was standing by the Honda Civic vehicle, reach into the back seat of the vehicle and retrieve a firearm. Sonson immediately shouted at Forbes “No, no, no, no, not yet, not yet!” After Emmanuel saw the firearm in Forbes’ possession, he decided to call the police. When Emmanuel returned to the door, Sonson and Forbes had already departed from his house in the Honda Civic vehicle.

As Forbes and Sonson were departing the area of Emmanuel’s home, they were intercepted by police at a traffic light in the vicinity of Paradise Mills. Forbes, the driver of the vehicle, attempted to reverse from the stop light in order to circumnavigate the traffic in front of him to evade the police vehicle, but was stopped by responding police patrol units. The police approached the Honda Civic vehicle and ordered Forbes to exit the vehicle. The police restrained Forbes with handcuffs and proceeded to search him. Other officers ordered Sonson, who was sitting in the front passenger’s seat, out of the vehicle, but before they could restrain him, Sonson started running from the scene. Sonson ran about a quarter of a mile before he was apprehended by police officers who were patrolling the area on foot. Thereafter, Sonson was returned to the police vehicle and subsequently transported, together with Forbes, to the police station. Both men refused to give statements to police about the incident with the Emmanuels.

The police immediately conducted an inspection of the Honda Civic vehicle which was still in Paradise Mills. The police discovered an old, black, spray-painted shotgun with a sawed off barrel, lying on the back seat of the Honda Civic vehicle behind the driver’s seat. The firearm’s location was within arm’s reach or immediate control of both Sonson and Forbes. Forensic technicians retrieved the firearm from the vehicle and later discovered a live round of ammunition in the chamber of the shotgun. The police department’s firearms expert tested the weapon and concluded that it was capable of discharging ammunition. Neither Forbes nor Sonson had a license to carry or to possess a firearm.

The People charged Sonson with aiding and abetting in the possession of the firearm and aiding and abetting the failure to report ammunition. A jury found Sonson guilty on both counts. The Information charged Sonson with “not having reported such in writing or in person to the Police Commissioner, bring[ing] into or receiv[ing] ammunition within the Virgin Islands, to wit: A 12 gauge shotgun round, in violation of [595]*59523 V.I.C. §470 .. . (REPORT OF FIREARMS/AMMUNITION PURCHASED OUTSIDE OR BROUGHT TO VIRGIN ISLANDS . . .)” The Order of Judgment and Sentence states that Sonson was found “Guilty of Count Two of the Second Amended Information, to wit: Report of Firearms/Ammunition Purchased Outside or Brought to the Virgin Islands.” The Order of Judgment and Sentence was entered on October 30, 2009. Sonson timely appealed his convictions.

II. JURISDICTION AND STANDARD OF REVIEW

“The 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.” V.I. Code Ann. tit. 4, § 32(a). This appeal arises out of a final judgment by the Superior Court. Browne v. People, 56 V.I. 207, 216 (V.I. 2012) (in a criminal case, a written judgment embodying the adjudication of guilt and the sentence imposed based on that adjudication constitutes a final judgment under 4 V.I.C. § 32(a)).

We exercise plenary review over questions of law and statutory construction. Gilbert v. People, 52 V.I. 350, 354 (V.I. 2009). When the appellant neglects to raise his statutory or constitutional claim before the trial court, we review for plain error. The plain error standard states that an appellate court may correct an error not raised at trial if it finds: 1) an error, 2) that is plain, 3) that affects substantial rights, and 4) if, in its discretion it finds that “the error seriously affects the fairness, integrity, or public reputation of [the] judicial proceedings.” Jackson-Flavius v. People, 57 V.I. 716, 721 (V.I. 2012) (citing United States v. Dobson, 419 F.3d 231, 236 (3d Cir. 2005)).

This Court will apply a highly deferential standard of review to the jury’s verdict. United States v. Kellogg, 510 F.3d 188, 202 (3d Cir. 2007).

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Cite This Page — Counsel Stack

Bluebook (online)
59 V.I. 590, 2013 WL 4812493, 2012 V.I. Supreme LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sonson-v-people-virginislands-2013.