Because of an omission of an essential element of the crime in the final jury instructions, two Justices will reverse Appellants' convictions on Counts Two of the Third Amended Information, charging aiding and abetting in "Carrying or Using Dangerous Weapons," pursuant to title 14, sections 2251(a)(2) and 11(a) of the Virgin Islands Code, whereas the third Justice will affirm the convictions on the same count. On the issue of the sufficiency of the evidence on Count Three of the Third amended Information, charging Aiding and Abetting in "Assault in the Third Degree," pursuant to title 14, sections 297(2) and 11(a) of the Virgin Islands Code, two Justices will affirm Virgil's conviction on Count Three, whereas the third Justice will reverse the conviction on the same count.
Supreme Court Of The Virgin Islands