Following a fatal shooting at a public housing community on St. Thomas, the People of the Virgin Islands charged Kishawn Smith with, among other crimes, second degree murder, possession of an unlicensed firearm, and unauthorized possession of ammunition. Smith was tried before a jury which found him guilty of these three offenses. Smith filed the instant appeal asserting that the evidence presented at trial was insufficient to sustain his convictions. For the reasons which follow, we find the evidence is sufficient to sustain Smith‟s convictions for second degree murder and possession of an unlicensed firearm. However, because the People failed to present sufficient evidence that Smith was not authorized to possess ammunition, his conviction on that charge will be reversed.
Supreme Court Of The Virgin Islands