One of James’ relatives hid his face from photographers as he was about to enter the Magistrate’s Court on May 29, 2012. Photo: VINO/File

No reason was given for the discontinuance. 

The notice was filed specifically in relation to charges before the accused of unlawful possession of firearms and carrying an unlicensed firearm. The firearms charges emerged as a result of the shooting death of Javeron Heskey near the Crystal Night Club on January 18, 2012. Magistrate Tamia Richards related to James that the notice meant he was now free of the firearms charges. She however advised that there was still the matter of drug possession charges before him. 

Defence attorney, Herbert McKenzie expressed that he had an issue with the "math" involved in calculating the street value of the cannabis that James was charged with being in possession of. McKenzie said that according to his calculation the 0.05 grams would actually be at a cost of 50 cents and not $5 as the crown had charged. Crown Counsel Herbert Potter, who also represented the matter, then related that he had no challenge to this. 

Magistrate Richards then told James that the matter would now be discharged. She then advised him that if he had a drug problem that he should seek help for it. 

September appearance 

At James’ September appearance, Senior Crown Counsel, Valston Graham, in outlining the facts of the case, stated that on January 18 at around 1 A.M., Charran Bhari drove into the parking lot of Crystal Night Club, Free Bottom and had the intention of going into the club. However, he was thwarted by the rain and was waiting in his vehicle when he was approached by two masked men. 

According to Graham, the two men allegedly used force to rob Bhari of his gold chain and James, who was parked nearby, observed what was happening. 

In light of this, James allegedly exited his vehicle and with a firearm discharged several rounds and left the parking lot. 

The police was summoned to the scene and recovered seven 9 mm spent shells, as well as, one projectile. Heskey was also found dead and was wearing a mask, Graham told the court. The dead man had the gold chain in one of his hands and a handgun was retrieved near his body. A juvenile was also injured in the shooting. 

Shortly after, James allegedly returned to the scene where he was arrested and taken into custody. 

During his interview, the court heard, the 24 year-old allegedly admitted to discharging his firearm and did so to stop a robbery. The defendant also told police that he disposed of the gun “by throwing it into the sea.” 

After the spent shells and projectiles were examined by a Forensic Science Examiner, it was confirmed that the firearm was a lethal barrel weapon. 

Against this backdrop, officers checked with the police armoury records and found that James is not a holder of a valid license to keep or carry a firearm or ammunition. 

The Virgin Islander was officially charged with the offenses on May 26, 2012 and on the same day he was allegedly caught with a partial marijuana cigarette in his vehicle while he and another man was in the Crystal Night Club area. 

He allegedly admitted to police it was a joint that he just smoked. 

James was then granted bail in the sum of $100,000 with two sureties after his lawyer Herbert McKenzie explained that he was not a flight risk.