Cascen v. People
60 V.I. 392
Supreme Court of The Virgin Is...2014Background
- Cascen was convicted in the Virgin Islands Superior Court of first‑degree murder, attempted first‑degree murder, third‑degree assault, reckless endangerment, and unauthorized possession of a firearm during a crime of violence for a 2008 shooting outside the Harvey Housing Community; Soto died and Peters survived.
- Evidence included Dooly’s identification of Cascen as shooter, Knowles’ testimony of a feud with Peters, Cepeda’s prior identification of Cascen, and photo arrays; Cepeda later testified he lied about the identification.
- Detective Stout testified Cascen had no Virgin Islands firearm license, leading to two absence‑of‑entry forms admitted at trial; Cascen later challenged the sufficiency and the admissibility under Confrontation Clause.
- A juror remarked “Yes, thank you” after a ruling during Dooly’s testimony; a juror afterward reported a black pickup truck outside her home; the jury was sequestered.
- The trial court’s Judgment and Commitment misidentified counts and sentences; the court remanded to amend the Judgment and Commitment to reflect the actual convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for murder | Cascen | Cascen | Sufficient for murder (transferred intent supported) |
| Third-degree assault sufficiency | Cascen | Cascen | Insufficient; transferred intent cannot support W.J. assault |
| Confrontation Clause violation | Cascen challenged admission of absence‑of‑entry forms | Stout testimony admissible; cross‑examination flaws | Confrontation violation; reversal of unauthorized possession conviction |
| Jury impartiality and conduct | Cascen alleging bias from incidents; sequestering | Court appropriately handled incidents | No reversible error; no showing of bias or prejudicial impact |
| Judgment and Commitment consistency | Judgment misidentified counts/sentences | Remand to amend | Remand for correction of Judgment and Commitment |
Key Cases Cited
- Codrington v. People, 57 V.I. 176 (V.I. 2012) (premeditation and murder elements)
- Brown v. People, 54 V.I. 496 (V.I. 2011) (factors supporting premeditation)
- George v. People, 59 V.I. 368 (V.I. 2013) (confrontation and cross‑examination standard)
- Tyson v. People, 59 V.I. 391 (V.I. 2013) (statutory interpretation of transferred intent)
- Melendez‑Diaz v. Massachusetts, 557 U.S. 305 (U.S. 2009) (testimonial evidence and Confrontation Clause)