Phillip v. People
2013 V.I. Supreme LEXIS 28
Supreme Court of The Virgin Is...2013Background
- Jevern Phillip convicted of first-degree murder and related offenses for the March 6, 2010 shooting on St. Thomas; sentenced to life without parole.
- Viktim Kevin James killed; the victims and companions traveled in a maroon Jeep Wrangler and were followed by a Grand Vitara after leaving Jaguars Club.
- Two off-duty officers identified Phillip at the scene and in a Vitara with license plate T-D-L 1-8-9; Abbott testified about renting the Vitara and Phillip’s handling of it.
- Security footage included a clearer “Computer Monitor Video” that was lost and a less clear “Camcorder Video” admitted at trial; witnesses testified about what each showed.
- Defense presented alibi witnesses (Chanice Smith, Shamika Ostalaza, Lee-Bobb) contradicting Abbott; jury convicted; the court stayed the assault conviction under Rule 104; multiple counts arising from a single act.
- The court upheld the convictions and addressed related trial issues, including evidence sufficiency, evidentiary rulings, and dismissal-related proceedings; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Identity sufficiency of the evidence | Phillip argues insufficient evidence ties him to the Vitara and murder. | Phillip contends alibi witnesses negate identity. | Sufficient evidence; reasonable jury could convict Phillip. |
| Intent and premeditation for first-degree murder | People argue circumstantial evidence supports intent to kill. | Phillip argues no direct evidence of intent; alibi weakens inference. | Sufficient intent and premeditation inferred from vehicle pursuit and firing from Vitara. |
| Plain error in Section 2253 firearms instruction | Instruction misstated licensing requirement; misleads correct standard. | No license requirement shown; instruction proper. | No plain error; instruction not reversible error. |
| Section 104 multiple convictions and multiple-victim exception | Consecutive convictions for murder and reckless endangerment violate §104. | Single act and multiple victims justify multiple punishments. | Sentences for murder and reckless endangerment sustained under multiple-victim exception. |
| Admission of Camcorder Video (Rule 403) | Camcorder Video prejudicial; less probative than original. | Video probative; not unduly prejudicial. | Court did not abuse discretion; Camcorder Video properly admitted. |
Key Cases Cited
- Latalladi v. People, 51 V.I. 137 (V.I. 2009) (substantial evidence standard; deference to jury credibility)
- Codrington v. People, 57 V.I. 176 (V.I. 2012) (firearm murder interpretation; premeditation guidance)
- Billu v. People, 57 V.I. 455 (V.I. 2012) (interpretation of first-degree murder scope; subsequent appellate stance)
- People v. Faulkner, 57 V.I. 327 (V.I. 2012) (inconsistent verdicts sustain convictions if evidence supports them)
- In re Richards v. Elective Bd. of Frederiksted, 1 V.I. 351 (D.V.I. 1936) (parity of statutes; in pari materia interpretation)