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James gets new trial date in firearms case

October 2nd, 2012 | Tags: David James firearm shooting Crystal Night Club
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
ROAD TOWN, Tortola, VI – David James was given October 17, 2012 as the new date for report in his firearm related case when he appeared at the Magistrates’s Court last Friday September 28, 2012.

The 24-year-old James had said he discharged his firearm in an attempt to prevent a robbery when he appeared before the court on May 29, 2012 and was fingered in the murder of alleged robber Javeron Heskey.

He had pleaded not guilty to the charges of unlawful possession of explosives and carrying an unlicensed firearm.

The trial, which was scheduled to begin last Friday, September 28, 2012 was adjourned after Crown Counsel Herbert Potter expressed to the court that he was not in a position to proceed.

Potter told the court that he had recently been assigned to the case and requested an adjournment date. He noted however that disclosure had been made and the file appears to be complete, but stated that he would not know until he goes through it thoroughly.

Previous appearance

At James’ last 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 in 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 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.

8 Responses to “James gets new trial date in firearms case ”

  • Village Girl (02/10/2012, 07:54) Like (0) Dislike (0) Reply
    why he ah hide he face??? strupppsss
  • lock em up (02/10/2012, 08:34) Like (0) Dislike (0) Reply
    Lock him up and throw away the key.

    We will have one dead criminal and one locked away - this can only be a good thing for our island.
    • to lock em up (02/10/2012, 10:23) Like (0) Dislike (0) Reply
      Shut your face! Put your real name let me see it
      • lock em up (02/10/2012, 13:08) Like (0) Dislike (0) Reply
        What would you do if you knew my real name? Threaten me? Maybe you need locking up too and the key thrown away.

        Lets return the BVI back to the quiet place it once was.
  • fat head (02/10/2012, 08:43) Like (0) Dislike (0) Reply
    What is the law on self defense?
  • nosey neighbor (02/10/2012, 09:48) Like (0) Dislike (0) Reply
    how can she be allowed to go so close to him...next thing she slip him a gun or something...too many james surrounds this case...uncle and brother etc.


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