People v. Clarke
2011 V.I. Supreme LEXIS 11
Supreme Court of The Virgin Is...2011Background
- People of the Virgin Islands appeal a trial court ruling granting Clarke's post-verdict judgment of acquittal on aiding and abetting in unauthorized firearm possession during a crime of violence.
- Trial evidence linked Austrie to the shooting near Fritz’s body; Clarke was driving a white Ford Focus observed across the street and allegedly fled with Austrie after the shooting.
- Pemberton identified Austrie and Clarke in photo arrays, and police confirmed Clarke’s car and plate (TCH-566) matched the incident.
- The information charged Austrie and Clarke with first-degree murder and unauthorized firearm possession during a crime of violence; Clarke was convicted by the jury of aiding and abetting the firearm possession charge, then acquitted by the trial court on Rule 29.
- On appeal, the government challenges the acquittal, arguing there was sufficient evidence to infer Clarke aided Austrie in the firearm possession; Clarke argues the government failed to prove knowledge or aiding acts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Insufficiency of evidence for aiding and abetting | Pemberton’s identification and flight suggest Clarke aided Austrie | No evidence Clarke knew Austrie possessed a gun or aided its use | Insufficient evidence; conviction reversed and acquittal affirmed |
| Government's appealability jurisdiction | Appeal permitted under 4 V.I.C. § 33(d)(1) despite acquittal | Double jeopardy and procedural limits restrict appeal | Court has jurisdiction to review under 4 V.I.C. § 33(d)(1) despite acquittal |
| Direct link between firearm and Clarke required | Flight with Austrie and driving him to scene implies facilitation | Lack of knowledge of firearm invalidates aiding and abetting | Link to firearm insufficient; no proven knowledge/facilitation by Clarke |
Key Cases Cited
- Brown v. People, 54 V.I. 496 (Virgin Islands 2010) (standard for post-verdict judgment of acquittal, evidence viewed in light of the jury verdict)
- Garth, 188 F.3d 99 (3d Cir. 1999) (need knowledge and affirmative act to facilitate firearm use in aiding and abetting)
- Gordon, 290 F.3d 539 (3d Cir. 2002) (aiding and abetting requires knowledge of the crime and facilitation; gun use must be instrumental)
- Powell, 469 U.S. 57 (Supreme Court 1984) (reaffirmation on necessary elements for conviction when underlying charges exist)
- Blyden, 626 F.2d 310 (3d Cir. 1980) (flight from scene discussed as circumstantial evidence of participation, distinguished from present case)