The scene of the shooting. Inset is Javeron Heskey, who was killed in the shooting.
The Director of Public Prosecutions (DPP) filed a notice of discontinuation in the case involving David James, who was charged with firearm related offences in relation to the shooting incident outside Crystal Night Club on January 18, 2012 that left Jevon Heskey dead and a juvenile injured.
Today, October 17 when James returned to court, prosecution informed the court that the DPP has filed a notice of discontinuation for the case, which means that James is no longer facing the charges of carrying an unlicensed firearm and unlawful possession of 7 rounds of 9mm ammunition.
James, who had pleaded not guilty to those charges, had however pleaded guilty to unlawful possession of .05 grams of cannabis. At today's sitting, he was reprimanded and discharged on the cannabis charge.
BVI Platinum News understands that an inquest will be held into Heskey's death.
Prosecution had contended that on January 18, 2012 around 1:00 am, Charran Behari drove into the parking lot of the Crystal Night Club at 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, 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 close to where Behari was parked. The allegations were that 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 wearing a black mask was certified as being dead at the scene. The dead male also had in his hand a gold chain which was identified as that of Behari. Close to the male, there was a handgun.
A juvenile male later attended the hospital with gunshot injuries.
Based on the allegations which were initially put forward, James later returned to the scene of the shooting whilst police were present and he was arrested.
It was contended that James was later interviewed under caution, in the presence of his lawyer when he admitted using a firearm 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 investigations.
David James hides his face from reporters during his court appearance on Tuesday, May 29, 2012.
Photo Credit: BVI Platinum News
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 that 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 charge, this was found in the center console of James' vehicle which was parked outside the night club on the night he was arrested.