Todman v. People
2013 V.I. Supreme LEXIS 56
Supreme Court of The Virgin Is...2013Background
- On May 1, 2009 Todman rode in a car with his then-girlfriend Tiffany Smith; a drive-by shooting occurred at Nadir Circle; Todman was shot and a firearm plus ammunition were later recovered from Smith’s vehicle.
- Hospital personnel found a gun holster on Todman; he admitted he lacked a firearms license; Smith’s license status in St. Thomas was shown by certificate of non-record but no evidence established she lacked a license in St. Croix or that she possessed the gun.
- Police found a firearm behind the front passenger seat and a denim bag of ammunition in the vehicle; multiple witnesses described shooters running and firing at the car.
- The People charged Todman in an Amended Information with aiding and abetting unauthorized possession of a firearm (14 V.I.C. §§ 11(a), 2253(a)); the trial presentation emphasized Todman as the primary actor.
- The trial court instructed the jury that aiding and abetting another person was an element it must find to convict; the jury convicted Todman and he was sentenced to 15 years (all but 3 years suspended).
- On appeal the Supreme Court of the Virgin Islands reversed, holding the evidence was insufficient to prove Todman aided and abetted another in unauthorized possession and that the charging/instructions mismatch prejudiced Todman.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Todman) | Held |
|---|---|---|---|
| 1. Confrontation challenge to admission of certificate of non-record | Certificate admissible without preparer’s testimony; it establishes Smith’s lack of license in St. Thomas | Admission violated Todman’s confrontation rights | Not decided — court reversed on sufficiency and did not reach this issue |
| 2. Prosecutor’s closing-argument remarks | Remarks were proper advocacy and credibility argument | Remarks were improper and prejudicial | Not decided — court did not reach this issue after reversal |
| 3. Sufficiency of evidence to prove aiding and abetting | Evidence (gun/ammo in car, holster on Todman, Todman unlicensed) supports that Todman aided/abetted or was alternatively liable as principal | Evidence showed at most that Todman was the primary actor; there was insufficient proof that any other person (e.g., Smith) committed unauthorized possession or that Todman knowingly aided another | Reversed: evidence insufficient to prove Todman aided and abetted another; conviction vacated |
Key Cases Cited
- United States v. Standefer, 610 F.2d 1076 (3d Cir.) (an aider and abettor may be treated as a principal under § 2)
- United States v. Gordon, 290 F.3d 539 (3d Cir.) (to prove aiding and abetting the government must show the underlying crime occurred and the defendant knowingly facilitated it)
- United States v. Garcia-Nunez, 709 F.2d 559 (9th Cir.) (a defendant charged as an aider and abettor may be convicted on evidence of principal liability)
- United States v. Rodgers, 419 F.2d 1315 (10th Cir.) (a defendant charged as an aider and abettor may be convicted as a principal)
- United States v. Bell, 457 F.2d 1231 (5th Cir.) (an aider and abettor is a principal and can be punished as such)
- Brown v. People, 54 V.I. 496 (V.I.) (prosecution must prove aiding and abetting where the instruction makes it an element)
- Clarke v. People, 55 V.I. 473 (V.I.) (elements of aiding and abetting: someone committed the underlying offense; defendant knew of it and attempted to facilitate it)