USVI Public Records

Document text

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN THEPEOPLE OFTHEVIRGIN ISLANDS Plaintiff) ) ) ) ) Defendant t CASE NO. ST-10-CR-0000171 ACTION FOR: 14V.I.C. 2253(A) JERMAINE WILLIAMS Vs. NOTICE OF ENTRY OF MEMORANDUM OPINION AND ORDER TO- PAULA D. NORKAITIS, ESQ. ASSISTANT ATTORNEYGENERAL MICHAEL MOTYLINSKI JUDGES & MAGISTRATES, SUPERIOR COURT LIBRARIAN IT DIVISION & ORDER BOOK Please take notice thaton April 05, 2011 a(n) MEMORANDUM OPINION AND ORDER dated April 05,2011 was entered by the Clerk in the above-entitled matter. Dated: April 05,2011 Venetia H. Velazauez. Esa. CLERK OF THE SUPERIOR COURT DIANE MATTHEW-TURNBULL COURT CLERK II '-..> INTHE SUPERIOR COURT OFTHEVIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN ********** THE PEOPLE OFTHE VIRGIN ISLANDS, ) CRIMINAL NO. ST-10-CR-171 ) Plaintiff, ) ) ) JERMAINE WILLIAMS, ) ) ) ) Defendant. ) |j MEMORANDUM OPINION • w, ,^e4^uheldaheiLarinSon April 3,2010, to advise Defendant Jermaine Williams ofhis ' rights. At that hearing, the People requested that Williams be detained pending trial in this i matter pursuant to the> terms of§3ofthe Revised Organic Act of 1954, which provides for the ! pretaal detention of defendants who are charged with first degree murder when "the proof is I evident or me presumpbon great" Forthe reasons that follow, the Court will grant the People's ' Motion and will direct Williams to be detained pending trial. FACTS The People called one witness, Detective Albion George, to the stand during the detention hearing Detective George testified that he investigated an alleged homicide in the area ofSimmonds Alley near Kronprmdsens Gade, St. Thomas, on February 17,2010. At that time he interviewed an eyewitness-Eyewitness Number One-who told Detective George that the Eyewitness was in the alley at the time, and she/he saw Williams enter the alley around 4am. on February 17, dressed completely in black, with ahandgun. According to Detective George, the Eyewitness saw Williams enter the alley, walk up to the victim, Delano Dowe, shootDowe* walk r~^fim Car ?aVe ** """" Eyewitaess *•**«• One, according to Detective Georges testimony, never indicated that Dowe had aweapon or was in any way threatening J^SiJ'S^^^^f^' aPPMred ** 3nd °n beha'f^ Defendant Jennaine Williams. Assistant Attorney General Michael Motylinksi, Esq., appeared on behalfofthe People ofthe Virgin Islands JLZ7T PTf°fcffiCer^°r8e'S teStim0ny'though' he said Eyewitness Number One saw WiEHeave the area onfool^walking fast. This part of Officer George's testimony came within asequence ofSonTabout Eyewmjess Two, and 1: snot clear whether Officer George intended to respond about wheiSEySs ofe or EyewitnessTwo saw Williams leave on foot. Even later in this testimony, Officer GeorgereESSewime^s Number One saw W.lliams leave the alley by foot and enter his vehicle, which was a^X^S^Sc wm"m°Xnsfooty **Number™mnot^a c,ear view °fthev-*nri;^2£iss .;••> ;;'.'-•:. -.r!! .'•".'•' >• ' -• ••'••:'.X : People ofthe Virgin Islands v. Williams Civil No. ST-10-CR-217 Memorandum Opinion Page2 of4 According to Detective George, Eyewitness Number One had sufficient light in the alley• j and was one hundred percent certain that it was Williams who shot the victim. However j Detective George acknowledged that several weeks before the hearing, there was an effort to! ! "clean up" Simmonds Alley, and part of that effort included improving the lighting in the area. I Detective George also acknowledged, in response to Williams's questions, that he believed it> was tight enough for Eyewitness Number One to see Williams, but not for Williams to see the i Eyewitness, because EyewitnessNumber One had pulled himselfback to remain out ofsight. ! j After the shots were fired, Eyewitness Number One saw Dowe stumble out ofthe alley I "holding his lower parts ofhis body." Detective George testified that Dowe later died ofhis I injuries. Medical Examiner Dr. Landron, according to Detective George, examined Dowe and I concluded that he died ofagunshot wound to the "lowest pelvic area." j About aweek after the alleged homicide, Eyewitness Number One identified Williams in| aphoto array as the shooter. The Eyewitness knew Williams for several years beforethis alleged! incident. Detective George then identified Williams in the courtroom as the person identified by j the Eyewitness in the photo array. Eyewitness One also had an opportunity to observe the i handgun Williams carried, and Eyewitness Number One described it as a black handeun I "possible 9rnillimeter." ' j Detective George testified that he also interviewed a second individual—EyewitnessI Number Two—who lives in the area of Simmonds Alley and heard shots fired on the morning, j Eyewitness Number Two saw Williams leaving the scene dressed all inblack. Detective George stated that both Eyewitness One and Eyewitness Two were consistent in their statements that they heard shots fired on the morning of February 17, 2010, and saw Williams dressed all in black leaving the scene ofthe homicide in Simmonds Alley. ANALYSIS Pursuant to § 3 of the Revised Organic Act (the "ROA") and recent cases from the Virgin Islands Supreme Court, this Court must determine whether the "proof is evident or the I presumption great" that a Murder in the First Degree occurred and that Defendant was the! perpetrator. In Browne v. People, the Supreme Court determined that the ROA calls for the denial of bail to aDefendant in afirst degree murder case in which the provisions ofthe ROA have been met. The Court said in that opinion that "[Section3ofthe ROA] remains avalid legal provision to be observed and implemented by local courts... [and] governs the issue ofpretrial detention 3Section 3ofthe Revised Organic Act provides that "[a]ll persons shall be bailable by sufficient sureties in the case of criminal offenses, except for first-degree murder or any capital offense when the proof is evident or the presumption great" 48 U.S.C. § 1561 (2006). S. Ct. Crim. No. 2008-022.2008 WL 4132233, at«Q (VI A,.E 90 ?nn») _. I;:, i! People ofthe Virgin Islands v. Williams Civil No. ST-10-CR-217 Memorandum Opinion Page 3 of4 for first degree murder defendants in local Virgin Islands courts "5 ♦^r^r6^"1 B!™m>** People iirrmt Prove *** me Proofis evWent or presumption great that [the Defendant] committed first degree murder before [he] can be detained justifiably I pending trial. Although the standard contained in the ROA has been interpreted in different I ways mdifferent jurisdictions, the Supreme Court of the Virgin Islands adopted the majority! position that the proof is evident or the presumption is great' evidentiary standard requires i somelhing more than probable cause but less than beyond areasonable doubt." That is "aiudee' must find clear and convincing evidence that the defendant committed the offense for which hei is before the court."7 The Browne Court interpreted the standard to be applied in this case to i require clear and convincing evidence," which indicates "that the thing to be proved is hizhlv! probable orreasonably certain:* '"S™y The Supreme Court of the Virgin Islands later revisited the standard of proof for' detention hearings mfirst degree murder cases in Jalani Williams v. People.9 In Jalani Williams I fteSupreme Court made it clearthat hearsay evidence is permissible in detention hearings under^! Sectoon 3of the ROA" However, "when the People elect to present exclusively hearsay j evidence at apre-trial detention hearing, [the Court] when determining whether the evidence is ' clear and convmcmg, must undertake by whatever means are appropriate under the! ^"aStio?"" aSCertam^ reHabiUty°f** mdf*lyin&hearsavs^entwhen their accuracy| hi this case, the Court finds clear and convincing evidence that Williams committed the crime ofMurder in the First Degree in this case. Murder is the "unlawful killing ofahuman bemg with malice aforethought."12 To find the Defendant guilty ofMurder in the First Degree, toe People must also prove that the killing was "willful, deliberate and premeditated."13 In order to Premeditate akilling, one must "conceive adesign or plan to kill."15 Adeliberate killing is one that has been planned and reflected upon by the accused," and that is "committed in acool state ofthe blood" and not inasudden passion.,s JAiat*8,*9. 6Idat*\0. 7/dat*12. Id at *13 (emphasis added) (citing fl/ac*** LawDictionary 596 (8th ed 2004A Cnm No. 2009-0111,2010 WL1565533 (V.I. April 19,2010). Id, at *6. "/rfat*10. 12 V.I. CODE ANN. tit. 14, §921 (1996). 13 (a) Allmurder which - «,iiifi.i /!l'S Perpe?ted by means ofPoison, lying in wait, torture, detonation ofabomb orby any other kind of willful, deliberate and premeditated killing;... - ismurder inthe first degree. V.I. CODE ANN. tit. 14, §922(a) (Supp. 2010) m.mY))nds v' Lancl°s'477 F"2d m'm (3d cir"l973) (quotin6 SMe v- Anderson>m A-2d 377' 389'390 13 Lanclos, 477 F.2d at606 (citing State v. Roedl, 1SS P9ri 7di iao (t ttnh 19^5^ •>. w i ': ' . i- f.\'H:. M/ •". People ofthe Virgin Islands v. Williams CivilNo. ST-10-CR-217 Memorandum Opinion Page4 of4 that the killing<jJltifcte,tST^.8^^ ispontaneous act Rafter.fteevidenceito^iS^^&Xt^r.r8 jaccurst quStion^7 £*£S?* vf "f^ hearSay statements when their !°-yewiti^^^^ jcan be explained by the fact that &JS» SSb? Two ^ ^^'^.^epancy Williams's vehicle. For these reason?Zr^^TlJ^ 7" DOt ma position t0 see !Williams's detention « idwSTS A*t hTn u** heaiSay ^^^ suPPorting DATED: ApriK^Oll [Nunc pro tunc to April 3,2010] !|ATTEST: VENET1AH.VELAZQ|)EZ, ENQUIRE i Clerk offne Court » ^ ^ oT7 .•* STRELIA >rge Court Clerk Supervisor >y /-^ ,£%2/ JAMES S. CARROLL III Judge ofthe Superior Court oftheVirginjslands ^kiiy.zii !j i.;<Uh COPY >-s iv. i-!:^-' :j | ,s, ictit!/f^./gXazi.iuez. Esq. Cicr^f the Court By: ff^yvfl Court Herk. j Ja/OH/ KW/gmj, 2010 WL 1565533. at *10. ' ^ -V i . •-.. f ^ - X ^ .? •...••••>sv -/• ********** v**m THE PEOPLE OF THE VIRGIN ISI antw VIRGIN ISLANDS, ) CRIMINALNO. ST-10-CR-m Plaintiff, JERMAINE WILLIAMS, 11 Defendant. ! ORDjyi [ ANDNOW, pursuan,totoMemoiandum^ rf^ ^ ^^^ ^nd^S^^ !|«»S:«Sr*""'« Wmtams-"**—* withoutwpewiing .JDATED: April_5], 2011 \JNuncpn^ t0 AprjI 3> 2W0j jATTEST: IjVENETIAH.VELAZOl jClerk oftL'~ ' BY: &J&L. / JAMES S. CARRULLW Judge ofthe Superior Court oftheVirgin Islands te-.i By: &• •sar^ixz. K>q. X!c^c:>..:Court^J- -"'••Court Clerk e A . m **•' T Z.'V>\. to •_ji ;*.-. v*. ^ -• <r.