Williams v. Government of the Virgin Islands

50 V.I. 503, 2008 WL 3377325, 2008 U.S. Dist. LEXIS 61532
CourtDistrict Court, Virgin Islands
DecidedAugust 5, 2008
DocketD.C. Criminal App. No. 2005-56
StatusPublished

This text of 50 V.I. 503 (Williams v. Government of the Virgin Islands) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Government of the Virgin Islands, 50 V.I. 503, 2008 WL 3377325, 2008 U.S. Dist. LEXIS 61532 (vid 2008).

Opinion

MEMORANDUM OPINION

(August 5, 2008)

Appellant Gregory Williams (“Williams”) appeals his conviction of first-degree murder, unauthorized carrying of a firearm during the commission of first-degree murder, first-degree assault, unauthorized carrying of a firearm during the commission of first-degree assault, and unauthorized possession of ammunition. For the reasons given below, the Court will affirm the conviction.

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 27, 2002, Khoy Smith (“Khoy”) borrowed his girlfriend’s car and drove to a basketball court in the area known as Tutu on St. Thomas, U.S. Virgin Islands. There, Khoy met his friend, Raymond Smith, Jr. (“Smith, Jr.”). Khoy and Smith, Jr. began smoking marijuana in front of a building in a residential area known as Tutu High Rise. After about twenty minutes, a turquoise car approached. Williams exited the passenger side of the car with a gun in hand and told Khoy and Smith, Jr. not to move. Khoy began running away. Williams chased Khoy, and [507]*507subsequently shot and killed him. Williams ran back to the car and got back in. The driver, Kendall B. Williams (“Kendall”), and Williams drove off.1

In February, 2004, Williams was charged in a five-count information with first-degree murder, unauthorized carrying of a firearm during the commission of first-degree murder, first-degree assault, unauthorized carrying of a firearm during the commission of first-degree assault, and unauthorized possession of ammunition.

At a jury trial, the Government presented three witnesses whose testimony is relevant to this appeal. The Government called Smith, Jr., who testified that he saw Williams exit the car with a gun in hand and run after Khoy. Smith, Jr. further testified that he shortly thereafter heard a gunshot, and that Khoy was found dead the next day in nearby bushes. The Government also called Ismael Sasso (“Sasso”). Sasso testified that he was in the vicinity of the shooting at the time it occurred. Sasso further identified Kendall as the driver of the car and testified that he saw Williams running toward the car with a gun in hand shortly after hearing a gunshot. Finally, the Government called Makeda Petersen (“Petersen”), who was also in the vicinity of the shooting at the time it occurred. Petersen testified that she saw Kendall arrive in a green car. Petersen further testified that she saw another man, whom she did not identify, exit the car with a gun in hand. Petersen further testified that she saw that man chase Khoy, and that she shortly thereafter heard a gunshot.

The jury found Williams guilty of all five counts alleged in the information. Williams was subsequently sentenced to life imprisonment without parole for the murder conviction, 15 years in prison for the assault and firearms convictions, and seven years for the ammunition conviction. Williams thereafter filed this timely appeal.

Williams makes two principal arguments on appeal. Specifically, Williams argues that

1. he is entitled to a judgment of acquittal or a new trial because two of the eye-witnesses who identified Williams as the culprit were not credible, while the only eye-witness who was credible disclaimed Williams as the culprit, and
[508]*5082. the trial judge’s conduct at trial denied Williams his right to a fair and impartial tribunal.

II. DISCUSSION

A. Jurisdiction

The Court has jurisdiction to review criminal judgments and orders of the Superior Court in cases in which the defendant has been convicted, and has not entered a guilty plea. See V.L CODE Ann. tit. 4, § 33 (2006); Revised Organic Act of 1984, 48 U.S.C. § 1613(a) (2006).

B. Standard of Review

1. Sufficiency of the Evidence

The relevant standard for an insufficient evidence claim is “particularly deferential” to the jury. United States v. Peppers, 302 F.3d 120, 125 (3d Cir. 2002) (internal quotation and citation omitted). The Court must sustain the jury’s verdict “if there is substantial evidence, taking the view most favorable to the Government, to support it.” United States v. Voigt, 89 F.3d 1050, 1080 (3d Cir. 1996) (internal quotation and citation omitted). That is, the jury’s verdict must stand if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979)) (emphasis in original). Overall, “a claim of insufficiency of the evidence places a very heavy burden on an appellant.” United States v. Gonzalez, 918 F.2d 1129, 1132 (3d Cir. 1990) (internal quotation and citation omitted).

“[I]t is axiomatic that [credibility] determinations are the sole province of the jury.” Virgin Islands v. Henry, 232 Fed. Appx. 170, 174 (3d Cir. 2007); see also United States v. Jannotti, 673 F.2d 578, 598 (3d Cir.) (en banc), cert. denied, 457 U.S. 1106, 102 S. Ct. 2906, 73 L. Ed. 2d 1315 (1982) (holding that “[credibility determinations are for the jury”). The Third Circuit has held that the testimony of witnesses, standing alone, is sufficient to uphold a conviction. See, e.g., United States v. Perez, 280 F.3d 318, 344 (3d Cir. 2002) (holding that uncorroborated accomplice testimony may provide the exclusive basis for a criminal conviction); Jacobs v. Redman, 616 F.2d 1251, 1255 (3d Cir. 1980) (same); see also United States v. O’Shea, 426 F.3d 475, 481 (1st Cir. 2005) (finding the [509]*509testimony of a police witness who saw the defendant who was “a good distance” away throw a gun sufficient to support the jury’s determination that the defendant possessed a weapon); United States v. Williams, 33 F.3d 876, 878 (7th Cir. 1994) (finding the testimony of police witnesses who saw the defendant twenty or more feet away throw a gun as he ran from them sufficient to support the jury’s determination).

2. Fair and Impartial Tribunal

The Third Circuit has defined the right to be heard by a fair and impartial tribunal as one of the basic elements of due process. See Sill v. Pennsylvania State University, 462 F.2d 463, 469 (3d Cir. 1972); see also United States v. Cross, 128 F.3d 145, 148 (3d Cir. 1997) (“The right to a fair and impartial trial for the resolution of guilt lies at the very heart of the constitutional guarantee of due process.”). “[I]f someone is deprived of his right to an impartial tribunal, then he is denied his constitutional right to due process, regardless of the ihagnitude of the individual and state interest at stake, the risk of error and the likely value of additional safeguards.” United Retail & Wholesale Employees Teamsters Union Local No. 115 Pension Plan v. Yahn & McDonnell, Inc., 787 F.2d 128, 138 (3d Cir. 1985).

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Bluebook (online)
50 V.I. 503, 2008 WL 3377325, 2008 U.S. Dist. LEXIS 61532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-government-of-the-virgin-islands-vid-2008.