Billu v. People
57 V.I. 455
Supreme Court of The Virgin Is...2012Background
- Deiby Billu was convicted after a jury trial of attempted murder in the first degree, assault in the third degree, and two counts of unauthorized possession of a firearm during the commission or attempted commission of a crime of violence.
- The shootings occurred on March 11, 2009 in front of Kirwan Terrace; Khalif Leader died, Kareem Charleswell survived.
- Two eyewitnesses, Charleswell and Makeem Ublies, provided pre-trial statements identifying Billu as the shooter; at trial they testified they could not recall their statements.
- The People introduced the witnesses’ prior statements to link Billu to the homicide; the statements were admitted over Billu’s objection.
- The Superior Court judgment sentenced Billu to 20 years for attempted murder in the first degree and 15 years for firearm possession, with other offenses merged and run concurrently.
- On appeal, Billu challenged evidentiary admissibility, sufficiency of evidence, assault-with-firearm interpretation, and the alleged omission of an element of attempted first degree murder in the information and jury instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| admissibility of prior statements under 801(d)(1) and §19 | Billu argues improper use of Rule 801(d)(1). | Billu contends §19 permits admissibility for credibility. | Harmless error; §19 applied correctly for credibility and admissibility. |
| Rule 403 plain error in admitting statements | Statements were prejudicial and should have been excluded. | Rule 403 error not preserved; plain error review. | No plain error; probative value not substantially outweighed by prejudice. |
| sufficiency of the evidence | Billu argues witnesses’ credibility undermines conviction. | Evidence viewed in light favorable to People shows guilt beyond reasonable doubt. | Sufficient evidence supported the convictions. |
| assault in the third degree with a firearm | Assault with firearm should fall under §2253, not §297. | Statutes §297 and §2253 operate in tandem; firearm assaults can be charged under both. | Constitutional interpretation supports concurrent application of §297 and §2253; no vacatur. |
| omission of an element of attempted first degree murder | Information/instructions required showing the same manner as enumerated examples (ejusdem generis). | Begay-based reasoning applies; should limit under ejusdem generis. | Plain-language §922(a)(1) controls; no error in omission; all willful, deliberate, premeditated killings included. |
Key Cases Cited
- Codrington v. People, 57 V.I. 176 (V.I. 2012) (statutory interpretation: §922(a)(1) lists four methods plus any other kind)
- Miller v. People, 54 V.I. 398 (V.I. 2010) (start with text; avoid absurd results in statutory interpretation)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (limits enumerated examples to similar crimes in ACCA context)
- Williams v. People, 56 V.I. 821 (V.I. 2012) (addressing admissibility of prior statements and Rule 403/19 interplay)
- Latalladi v. People, 51 V.I. 137 (V.I. 2009) (credibility and sufficiency in post-conviction review)
- Stevens v. People, 52 V.I. 294 (V.I. 2009) (credibility determinations for sufficiency review favoring the government)
- Mulley v. People, 51 V.I. 404 (V.I. 2009) (Rule 403 balancing; probative value not outweighed by prejudice)
- Gilbert v. People, 52 V.I. 350 (V.I. 2009) (statutory construction principles and context)