Merrifield v. People, 2012 V.I. Supreme LEXIS 51

Merrifield appeals his convictions for aiding and abetting murder and related offenses and the judgment entered June 28, 2011.
The Virgin Islands Information charged Merrifield and James with aiding and abetting Edwards' murder and related offenses.
Trial focused on whether Merrifield aided and abetted James in killing Edwards, with no claim Merrifield was the triggerman.
Evidence showed initial confrontations with McClean and that Merrifield accompanied James when he appeared armed, but no direct link placing Merrifield at Edwards' murder.
Lettsome testified to an assault rifle threat involving an unknown person; no physical or testimonial linkage tied Merrifield to Edwards' death.
The appellate court vacated the trial court's judgments, reversed Merrifield’s convictions for insufficiency of the evidence, and ordered acquittal on all counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence to convict Merrifield as an aider and abetter?	Merrifield argues there is evidence of facilitation and intent.	The People contend there was sufficient circumstantial evidence of participation.	No; insufficiency requires acquittal.

Nanton v. People, 52 V.I. 466 (V.I. 2009) (aider-and-abetter elements require knowledge and facilitation)
Brown v. People, 54 V.I. 496 (V.I. 2010) (specific intent to facilitate required)
Mendoza v. People, 55 V.I. 660 (V.I. 2011) (verdict cannot rest on speculation or conjecture)
Camiel v. United States, 689 F.2d 31 (3d Cir. 1982) (appellate court must find substantial evidence for guilt)
Frorup v. United States, 963 F.2d 41 (3d Cir. 1992) (required proof of knowledge and attempted facilitation)
Mercado v. United States, 610 F.3d 841 (3d Cir. 2010) (must show defendant had specific intent to facilitate crime)
United States v. Kellogg, 510 F.3d 188 (3d Cir. 2007) (sufficiency standard for review of conviction)
United States v. Osborne, 514 F.3d 377 (4th Cir. 2008) (sufficiency review framework)