David James hides his face from reporters during his court appearance on Tuesday, May 29, 2012.
Photo Credit: BVI Platinum News
The office of the Director of Public Prosecutions has asked for more time to prepare for the case involving David James, who is facing firearm related offences in relation to the shooting incident outside Crystal Night Club on January 18, 2012 that left one dead and a juvenile injured.
James, 24, reappeared in court today, September 28 and Prosecutor Herbert Potter indicated that the crown is not ready to proceed with the case since the file was recently transferred to him. He said that he is aware that disclosure has been made to the defence and the file appears to be completed; however, he has to go through it in order to confirm.
The court granted the crown a short adjournment where on October 17 a trial date will be set.
James is represented by Attorney-at-law Herbert McKenzie.
James is charged with carrying an unlicensed firearm, unlawful possession of 7 rounds of 9mm ammunition and an additional charge of unlawful possession of .05 grams of cannabis, and during his May arraignment he pleaded not guilty to the firearm charges, but guilty to the charge relating to the cannabis.
Prosecution is contending that on January 18, 2012 around 1:00 a.m. Charran Behari drove into the parking lot of the Crystal Night Club in free Bottom and parked his vehicle facing the club building.
At the time it was raining so Behari remained in the driver's seat of the vehicle. However, after a few minutes, two males armed with guns approached Behari and started to threaten him; and using force they robbed him of a gold chain.
At that time, James was sitting in his car which was parked to where Behari was parked. According to the allegations, James, armed with an unlicensed firearm, exited his car and discharged 7 rounds at the men and then left the area.
Upon arrival at the scene, the 7 9mm spent shells were found and one projectile (bullet) at that location. One male was certified as being dead at the scene wearing a black mask; and the dead male also had in his hand a gold chain which was identified as that of Behari's.
Close to the male, there was a handgun and a juvenile male later attended the hospital with gunshot injuries.
Based on the allegations, James later returned to the scene of the shooting whilst police were present and he was arrested.
According to the allegations, James was later interviewed under caution in the presence of his lawyer when he admitted using a firearm and that it was to stop the robbery.
James informed police that he had disposed of the firearm by throwing it into the sea and he was discharged from police custody pending further investigation.
Other projectiles were recovered from the body of the deceased (Jevon Heskey) and the injured juvenile. Those projectiles, together with other projectiles recovered from the scene and the seven 9mm spent shells, were submitted for examination by Maurice Cooper who is a forensic science consultant and firearms examiner employed by the Virgin Islands Police Department.
According to Prosecution, Cooper confirmed that that the seven spent shells were fired from one firearm. After additional examination, he confirmed that all of the projectiles were discharged from one firearm. Cooper's examination determined that the firearm that discharged both the spent shells and the projectiles was a lethal barreled weapon.
The force armorer examined the records for holders of valid license to keep or carry a firearm; and it was discovered that there was no record to support the David James is the holder of a valid license to keep or carry a firearm and ammunition.
James was arrested and formally charged on May 26.
In relation to the cannabis charged, the cigarette weed was found in the center console of James' vehicle which was parked outside the night club the night he was arrested.
James remains on bail.