Cases of Note:
Weapons
Multiple Weapons: Following trial in November 2018, the jury returned a not guilty verdict for our client who was charged with multiple crimes including two counts of Unauthorized Possession of a Firearm, one count of Unauthorized Possession of Ammunition and a single count of Possession of a Controlled Substance with Intent to Distribute and simple possession. After deliberations the jury found our client not guilty of the weapons and ammunition charges. Following mid-trial motion practice, the Court then entered a judgment of acquittal as to the controlled substance charges. SmithWilliams also succeeded in having our client's illegally confiscated currency returned to him.
(People v. Uric Smith: ST-17-cr-27)
Unlawful Drug User in Possession of a Firearm: Our client was charged with carrying an unlicensed firearm, a charge carrying a maximum penalty of 5 years of incarceration. Following successful negotiations with the United States and a persuasive sentencing mitigation campaign, our client served six months in a low security federal correctional camp followed by six months of home detention. (United States v. Karif Daley: 3:17-cr-001)
Crimes of Violence
Second Degree Assault: In September 2017, following Hurricane Irma, our client was alleged to have strangled, punched and kicked his girlfriend in a silent rage while the victim's daughter slept undisturbed in the next room. Due to complex circumstances, our client was facing a mandatory minimum period of incarceration of twenty years. The matter proceeded to trial. We successfully argued that the alleged victim's prior reports of abuse against two other earlier boyfriends alleging the same and substantially similar crimes should be admitted as character evidence for the jury to consider. Ultimately the Court agreed. A verdict was returned in under two hours exonerating our client of all charges. (People v. Gregory Williams, ST-18-cr-40).
First Degree Murder: In May 2015, a fatal shooting occurred in St. John, USVI. No arrests were immediately made. In October 2015, our client was stopped while driving his vehicle as the result of a citizen's arrest alleging that our client had threatened the complainant. This led to the Police conducting an inventory search of his vehicle. During the inventory search, police recovered a loaded firearm. Other counsel moved to suppress the evidence based on an invalid arrest and the "fruit of the poisonous tree" doctrine. The Court granted suppression. The firearm was later tied to the fatal shooting. The People filed First Degree Murder Charges against our client and moved to introduce the suppressed firearm from the unrelated Disturbing the Peace case. The People argued the gun could be used in the Murder case solely for purposes of establishing identity pursuant to Virgin Islands Rules of Evidence. SmithWilliams successfully opposed the People's motion while simultaneously preparing for trial. Ultimately, the case was dismissed on the eve of trial due to a lack of evidence. (People v. Rupert Walters: ST-16-cr-31)
First Degree Murder: After 28 months behind bars awaiting trial on 10 felony charges, including First Degree Murder, SmithWilliams, PLLC celebrated with our client on Friday, March 22, 2019 upon the dismissal of his case following the successful litigation of pretrial motions and the enforcement of our client's Constitutional rights. The People moved to dismiss without prejudice, allowing the case to be refiled at any time in the future. SmithWilliams immediately filed a brief arguing the case must be dismissed with prejudice because the People acted in bad faith. The result is pending. (People v. Treson Stephens (ST-16-cr-377)
Attempted First Degree Murder: The government alleged our client attacked his girlfriend in an attempt to rob her of her jewelry. During the encounter, an illegal firearm was discharged into the victim's face and a second round struck her shoulder. Following our investigation, a key witness recanted her statement, admitting that she had given it while intoxicated and in exchange for a benefit. Following motion practice, a majority of the government's evidence was excluded from introduction at trial, including the testimony of the government's DNA expert witness and her report. The government dismissed the case one day prior to trial. People v. Elijah Henry (ST-19-cr-17)
Assault with a Deadly Weapon: Following a well-publicized public assault in March 2019, SmithWilliams' client was arrest for SmithWilliams worked zealously with prosecutors in advance of our client's Arraignment to demonstrate the alleged victim's account was fraudulent. Our fast work saved our client time, money, and his job! (People v. Theodore Meade, ST-19-cr-71)
Hobbs Act Robbery: A former special investigator for the Justice Department was found not guilty of robbery and conspiracy charges in the robbery of a McDonald's restaurant. Five coopeating co-defendants testified against our client. However, the jury hearing the case delivered its verdict of acquittal after just three hours of deliberation. (United States v. Troy Titley: 3:17-cr-23)
Second-degree aggravated rape: Our client, was charged with several counts of second-degree aggravated rape, attempted aggravated rape and unlawful sexual contact in connection with an incident that occurred at a government sponsored summer-camp beach party. The complainant, a minor, alleged our client, who was employed as a camp counselor, assaulted her. At trial, the evidence did not support the complainants story. The jury acquitted our client of each felony charge. On appeal, the Virgin Islands Supreme Court ultimately reversed our client's single misdemeanor conviction. (People v. Kelvin Pickering; ST-12-cr-421).
First Degree Attempted Murder: Our client was alleged to have participated in fight inside a bar owned by a police officer that progressed outside and continued down the street. Witnesses described the use of a knife and the presence of a gun. After exhaustive discovery we discovered the police had discovered 64 grams of crack cocaine in the victims pocket. Upon requests for chemical testing and favorable rulings compelling discovery unfavorable to the government, on the eve of trial the government declined to prosecute and the matter was dismissed. (People v. Jordan Clendinen, ST-17-cr-149).
Financial Crimes
Conspiracy to Commit Fraud: Our client and several friends booked passage on multiple Caribbean cruises in very quick succession. While on board, the friends discovered and then unlawfully and repeatedly exploited a security oversight within the cruise line's Onboard Expense Account program. An unexpected extra day at sea caused by bad weather was the scheme's undoing. SmithWilliams negotiated a favorable plea agreement with our client and then engaged in a successful psycho-social sentencing mitigation campaign. Our client received the lightest sentence of all the co-defendants.
(United States v. Sam Gross, 3:12-cr-11).
Controlled Substances
Possession With Intent To Distribute & Firearm In Furtherance of Drug Trafficking: Our client was a passenger in a vehicle stopped by law enforcement. The driver admitted to having smoked marijuana recently and to possessing one ounce of marijuana. A search of the vehicle revealed more than five pounds of marijuana, digital scales, U.S. currency, plastic baggies and an unlicensed, stolen firearm. Our client possessed a licensed firearm. The government charged our client, a local business owner, who had been a passenger in the vehicle for 6-8 minutes, with possessing his legal firearm in furtherance of trafficking marijuana. Following trial, a jury acquitted our client on both counts. (United States v. Thorne Olive, et al., 3:19-cr-19)
Cocaine Aboard Vessel: The evidence generally showed that James Springette owned a cocaine growing operation in Colombia and sent thousands of kilograms of cocaine to the United States through Tortola, BVI and St. Thomas, USVI using specialized airplanes and powerboats. Go-fast boat crews sailed from Tortola to St. Thomas and then secreted the cocaine onto commercial airplanes. The United States charged our client with operating one of the speed boats which would travel from Tortola to St. Thomas, allegedly laden with kilograms of cocaine. Following a jury trial, the District Court Judge granted our client's Motion for Acquittal. The Court concluded that, "The evidence presented at trial was sufficient for a rational jury to infer that our client was engaged in some kind of illicit behavior and knew that some form of contraband was involved in the scheme in which he was participating. However, the government was obliged to prove beyond a reasonable doubt that our client had knowledge of the particular illegal objective contemplated by the conspiracy.” In granting our client's motion for acquittal, the Court concluded that the inferences of conspiracy were “too slim a reed upon which to hang a criminal conspiracy conviction.”
(United States v. Walter Ells, et al., 3:06-cr-80)
Cocaine Aboard Vessel: The United States alleged that our client, a young man who had never before left the shores of his tiny home island of Petite Martinique, conspired with four (4) others to possess with intent to distribute more than five (5) kilograms of cocaine. After deliberations, the jury acquitted our client of all charges. (United States v. Kester Julien, et al., 3:11-cr-37)
Conspiracy to Possess and Distribute Cocaine: Our client was named in a three-count Indictment which charged that, did he and others unlawfully, willfully, and knowingly conspired to possess and distribute five (5) kilograms or more of a mixture and substance containing a detectable amount of cocaine. SmithWilliams convincingly showed our client had joined the conspiracy just 6-7 minutes prior to his arrest and that his criminal conduct, while unlawful, was in comparison to his co-defendants, was minimal. Our client received a substantially reduced sentence due to his minimal participation in the conspiracy.
(United States v. Eldry Santos-Guzman, 3:13-cr-41)
Conspiracy to Possess and Distribute Cocaine: Our client was named in a thirteen-defendant cocaine conspiracy case which involved the possession and distribution of more than five kilograms of cocaine through the Cyril E. King airport to the U.S. mainland. This matter resolved itself short of trial through a plea agreement with the United States. SmithWilliams engaged in a vigorous and thorough sentencing mitigation campaign that rewarded our client with the lightest sentence of any of the other twelve defendants. (United States v. Kinia Blyden; 3-16-cr-39)