Heyliger v. People, 66 V.I. 340

Background

Around 3:00 a.m. on Dec. 8, 2012, an exchange of gunfire occurred in a pharmacy parking lot in St. Thomas between Dyhani Heyliger and Shaquille Percell; Percell returned fire and Keith Dawson Jr., standing behind Percell, was killed by a single gunshot to the neck.
Percell identified Heyliger as a shooter; police recovered shell casings from two calibers and a .40 cal gun from Percell; forensic testing showed two guns were fired and most 9mm casings matched a single 9mm firearm; Heyliger admitted in a statement to shooting at Percell.
Heyliger was charged in a 15‑count amended information, including first‑degree felony murder under 14 V.I.C. § 922(a)(2) (murder committed during enumerated felonies, including ‘‘assault in the third degree’’ and larceny).
At trial the People presented eyewitness testimony (Percell and others), forensic evidence, and Heyliger’s statement; the jury convicted on all counts; Heyliger was sentenced to life without parole on the felony‑murder count.
On appeal Heyliger argued (1) statutory interpretation: § 922(a)(2)’s list requires ‘‘assault in the third degree and larceny’’ as a single predicate (based on absence of an Oxford comma) and merger doctrine; (2) insufficient evidence for felony murder predicated solely on third‑degree assault; and (3) the Superior Court failed to conduct an adequate pretrial inquiry into his claim of ineffective assistance of counsel.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Interpretation of 14 V.I.C. § 922(a)(2): whether "assault in the third degree and larceny" must be read as one combined predicate felony	Heyliger: absence of a serial (Oxford) comma means assault in the third degree and larceny are a single, compound predicate; thus third‑degree assault alone cannot support felony murder	People: statute is plain; conjunction "and" separates listed felonies and third‑degree assault is an independent predicate; Oxford comma is optional and cannot override legislative intent	Court: statute is plain and unambiguous; third‑degree assault and larceny are separate predicates; Oxford comma omission does not alter meaning; affirm conviction
Merger doctrine application	Heyliger: argues underlying assault merges with homicide and cannot serve as predicate	People: assault was directed at Percell while victim killed was Dawson Jr., so crimes are distinct	Court: merger doctrine inapplicable; assault against Percell and homicide of Dawson Jr. are independent offenses
Sufficiency of evidence for first‑degree felony murder under § 922(a)(2)	Heyliger: evidence was insufficient to prove he committed third‑degree assault that resulted in Dawson Jr.’s death	People: eyewitness testimony, surveillance video, shell casings, and Heyliger’s admission support conviction	Court: viewing evidence in People’s favor, substantial evidence supports that Heyliger assaulted Percell and in the course killed Dawson Jr.; conviction affirmed
Adequacy of Superior Court’s inquiry into pretrial ineffective‑counsel claim	Heyliger: court failed to hold an adequate Codrington hearing and therefore abused discretion in denying new counsel	People: Superior Court conducted a hearing, questioned counsel and defendant, reviewed record and discovery production	Court: Superior Court held a substantive inquiry, found counsel reasonable and prepared; no abuse of discretion; claim fails

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
Bass v. United States, 404 U.S. 336 (omitted comma not controlling when grammarians disagree)
Griffin v. Oceanic Contractors, Inc., 458 U.S. 564 (avoid statutory interpretations producing absurd results)
Coleman v. People, 566 U.S. 650 (deferential standard on sufficiency review)
In re Sherman, 49 V.I. 452 (statutory interpretation—plain language rule)
Codrington v. People, 57 V.I. 176 (trial court duty to inquire into pretrial ineffective‑assistance claims)
People v. Vergile, 50 V.I. 127 (discussion of merger doctrine)