BVI News

The matter involving David James, the man who was arrested and charged with firearm-related offenses linked to the Javeron Heskey shooting, was given a September 28 trial date when the case came up in the Magistrate’s Court on July 26.

James was granted bail when he appeared before Magistrate Tamia Richards on May 29. The defendant pleaded not guilty to the charges of unlawful possession of explosives and carrying an unlicensed firearm.

In outlining the allegations, Senior Crown Counsel Valston Graham stated that on January 18, 2012 sometime around 1 am Charran Behari drove into the parking lot of Crystal Night Club in Free Bottom and parked his vehicle facing the club. He allegedly remained in his vehicle because it was raining.

A few minutes after Behari was stationary, two males allegedly armed with firearms approached him. The men allegedly threatened Behari and used force to rob him of a gold chain.

The defendant James was allegedly sitting in his car which was parked in the vicinity where Behari was parked. He allegedly exited his vehicle after observing the incident. Armed with a firearm James allegedly discharged several rounds then left the area. The police were summoned and recovered seven, nine millimetre spent shells and one projectile.

Police also discovered one Javeron Heskey dead at the scene wearing a mask. It is alleged that he had in his hands what Behari alleged was his gold chain. It was also alleged that close to where his body was found there was a hand gun.

James is said to have returned to the scene while the police were present, and was arrested and taken into custody. The defendant was allegedly interviewed by police and admitted to discharging a firearm. He told the police that he did so to stop a robbery and later disposed of the firearm by throwing it in the sea.

The police later recovered projectile from the body of the deceased Heskey, and these taken together with the spent shells at the scene were examined by a forensic science firearm examiner.  After examination, the expert confirmed that the firearm that discharged the spent shell and projectile was a lethal barrel weapon. The expert also stated that the seven spent shells recovered by police and all projectiles were discharged from one firearm.

The police force’s armorer examined records of the RVIPF firearm license holders, and according to the records, James is not the holder of a valid license to carry firearm or ammunition.

The defendant was also charged with unlawful possession of cannabis, which he pled guilty to.

It was stated that on May 26, sometime between 3 am, police carrying out an operation in the Road Town area, in the vicinity of the Crystal Night Club, observed two males engaged in what they believed was some suspicious transaction.

As a result of their suspicion, the officers approached the individuals. James was identified as one of the men. A search on his person revealed nothing illegal. However, officers later searched his vehicle, and during that search, police found a partial marijuana cigarette on the centre console of his vehicle. Police showed it to him and informed him that they suspect it to be marijuana and cautioned him. He admitted that it was a joint and he said he finished smoking. He was arrested and charged for unlawful possession. The joint reportedly weighs .05grams.

James’ attorney Herbert Mckenzie told the court that his 25-year-old client is a BVIslander and has been very cooperative and accessible to the police as they carried out their investigations.

In the end the defendant was granted bail in the sum of $100,000 signed with two sureties, and in addition to surrendering his travel document, he is required to report to the Road Town Police Station every Monday, Wednesday  and Friday between 6 am and 6 pm.

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