Case Caption: Shandos Powell v. People of the Virgin IslandsCase Number: S. Ct. Crim. No. 2015-0008Date: 01/17/2019Author: Hodge, Rhys S. Citation: 2019 VI 2Summary: Convictions for second-degree murder and other offenses are affirmed. Defendant was charged with numerous offenses stemming from a shooting death at the St. Thomas office of the Bureau of Motor Vehicles. The conviction for second-degree murder required proof beyond a reasonable doubt that defendant killed the victim with malice aforethought. The use of deadly force cannot be justified if the killing is unnecessary to repel an immediate and real threat, or is unnecessarily disproportionate to the threat posed, and in this case the People introduced sufficient evidence for the jury to conclude that the killing was not justified. The jury could reasonably reject defendant’s testimony and credit other evidence that indicated that he was the initial aggressor or used disproportionate force against the victim. There was also sufficient evidence that the events occurred in a “public place” sufficient to support a conviction for first-degree reckless endangerment. The People proved that the shooting occurred in a place where a discharged gun could easily result in injury to innocent people who regularly pass close by. The Superior Court’s February 4, 2015 judgment and commitment is affirmed.Attachment: Open Document or Opinion