People v. Thompson
2012 V.I. Supreme LEXIS 61
Supreme Court of The Virgin Is...2012Background
- Shooting reported at a Virgin Islands public housing community; police connected a silver SUV to the incident.
- Suspects fled; firearm magazine found in SUV; shell casings matched bullets found in the magazine.
- Avondale George owned the SUV; his son Dale George regularly operated it.
- Dale George was arrested; George testified that Thompson, Freeman, Faulkner accompanied him earlier that day.
- Thompson was charged with several offenses including reckless endangerment, carrying or using a dangerous weapon, and unauthorized use of a firearm during a crime of violence; conspiracy and discharging a firearm were dismissed or not charged at trial.
- Jury convicted Thompson of reckless endangerment, carrying/using a dangerous weapon, and unauthorized use of a firearm during a crime of violence; not guilty of discharging a firearm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an inconsistent verdict may be set aside | People contend inconsistent verdicts do not bar reinstating verdicts. | Thompson argues inconsistent verdicts warrant acquittal on the compound offense. | Inconsistent verdicts are not a sufficient basis to set aside a verdict. |
| Sufficiency of evidence for Thompson's convictions | Evidence shows Thompson possessed and either discharged or aided discharging a firearm. | Insufficient proof Thompson possessed or discharged a firearm. | There was sufficient evidence Thompson possessed a firearm and either discharged it or aided others. |
| Court's jurisdiction to review post-verdict judgments | Appeal under 4 V.I.C. § 33(d) allows government review of acquittal after guilty verdict. | Not explicit in the statute to overturn post-verdict acquittals. | The court has jurisdiction to review under 4 V.I.C. § 33(d)(1). |
Key Cases Cited
- United States v. Powell, 469 U.S. 57 (U.S. 1984) (inconsistent verdicts do not require setting aside verdicts)
- United States v. Craig, 358 F. App’x 446 (4th Cir. 2009) (courts should not infer innocence from inconsistent verdicts)
- United States v. Dobyns, 679 A.2d 487 (D.C. App. 1996) (convictions based on inconsistent verdicts upheld if supported by evidence)
- Nanton v. People, 52 V.I. 466 (V.I. 2009) (principal liability requires association with the venture and intent to bring about the crime)
- Boston v. People, 56 V.I. 634 (V.I. 2012) (government not required to prove precisely which defendant committed the crime)