UPDATE: James admitted to firing shots, weapon then dumped into sea – prosecutor
PIO - Wednesday, May 30th, 2012 at 8:37 AM
Heskey. * Photo credit: facebook
David James, the man who was arrested and charged with firearm offenses linked to the Javeron Heskey shooting, 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, at aout 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 pleaded guilty to.
It was stated that on May 26, at about 3 am, police carrying out 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 formerly arrested and charged for unlawful possession. The joint reportedly weighs .05 grams.
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; 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.
The matter was adjourned to July 26.
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69 Comments
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as far as i see his people in the police force so he stand a chance in prison
its really twisted and unfair sigggh
well look a joke…this man got bail and marcus cant
if you set out to take something that is not yours by any force, you need to know that it will be protected by any force.
So What The other person in the case have to do with this man having a fire arm and the murder of this particular boy . Even if them was trying to rob him did It happen ? No it didn’t So he didn’t had cause shooting that boy .so his butt need to be lock up yes !
If it goes to High Court he is a free man.
who is david james
Maybe the family can release an official picture of the deceased in order that he is remembered in a better way than this awful facebook picture.
The family has suffered enough, please leave them alone so that they gather themselves and PAY THIER BILLS!
They should lock up the parents for the other little boy. Children should be at home under parential control. All parents need to be responsible for their children. ..
You didn’t give life you should not take it. But at the same time No Sympathy with anyone found legally with a Gun with intend to do harm….So you live so you die.
the lil boys robbed him… he buss shot after them… sounds fair to me…
Robbed him when? Did you read the article?
James just trigger happy and he too was carrying an illegal firearm. So what will happen now from the looks of things is that he will just get away with murder.
How bout you Unfair. Did you read the article? Did you not read how the man was found James’ chain, or that they he was masked and armed?
the law is unfair Marcus and Sharwiin Fahie in jail remanded for gun how cometh David Jame is out on bail 100,000 surety not even none of the money he paid. anyway he have and uncle in the force and a brother in the force so of course the law will be twist. Is one thing that i know that JAH don’t sleep. one thing that i know even if javeron thief David had no cost taking his life.LET THE HATERS WRITE THE DIRTY COMMENTS.
Because they are repeated offenders.
As we see you are without sin so keep casting ur stones judgement day!
Ayo sound so sick and dumb,(judgement day) you think is he uncle and brother give him bail, I guess the magistrate is he mother then. Please people, what the hell Marcua and Shaerwin have to do with he Sherwin had his chance and what he did blow the s*&^ of it so shut the h*&^ up. Marcus is just a disgrace as well aint in tent to do any better.
Just substitute “BVI” for “ghetto”
http://www.youtube.com/watch?v=2Ox1Tore9nw
people you all have to understand that the duputy have some one to answer to he can not make a decision there even worse it is a family member mr james is a man of interity high self esteem, honest and hard working i know if he has any bthing to do with this case it will be to gave justice where it is due so people stop jumping up will loose mangoose and pray for the young men in our community.
More thieves need to be shot so that a strong message is sent that we will no longer accept being victims. There are are many robberies that the police are investigating which hasn’t made the news. Not only are these idiots damaging people’s property to break and enter, they’re putting innocent people’s lives at risk . I’ve seen grown folks crying as they come home to a damaged and empty house!, what gives these thieves the right to commit these acts.
Viqilante Justice u is the thief but them anit catch u yet…. time coming
You’re stupid
Indeed, this is a sad state of affairs. Not only do we have the thefts but also the illegal weapons and many unsolved murders. How can we take back our community if we are committing crimes in trying to solve crime? In response to your question I would ask another question; who gives anybody the right to use an unlicense firearm to kill someone who did nothing to them?
Sometimes you have to kill one to save many that’s the raw truth of the world we live in today. The guy that drives without a licence is a criminal as well but I would prefer him over an armed robber anyday. Is it that sensible to watch someone fight my brother while I call and wait for the police because if I fight it is commiting a crime. If this guy was carrying a gun for protection only and he stopped an armed robber then bless his soul.
shut u face he too theif and further more he had a gun unlicened as well, who no how many people could have died that nite.he get the first shot though had a watch man looking.
More thieves need to be shot so that a strong message is sent that we will no longer accept being victims. There are are many robberies that the police are investigating which hasn’t made the news. Not only are these idiots damaging people’s property to break and enter, they’re putting innocent people’s lives at risk . I’ve seen grown folks crying as they come home to a damaged and empty house!, what gives these thieves the right to commit these acts.
Well if I ever get the upper hand over a robber, I would be firing all now.
Sick of these punks
This whole thing is fishy from the start,this is a whole set of crockedness going on here. The Ag Deputy Commissioner of Police,DPP Office and the others that are connected to this case better be careful with what is happening with this case.I always knew the whole bunch of them are crocked,but this now show it more plain than ever.Ag DCP watch what you are doing, people can see straight through this one.When the chips start falling you and the others involve in this one be sorry for not being fair,truthful and honest about the way this one is handled.
I look at it as very fishy too. Listen to the story James told in his police interview! After discharging the weapon why didn’t he call the police and wait for them to arrive? Why leave the scene and ‘dispose’ of the weapon if he honestly was trying to stop the robbery? Cock and bull story!
The police charged him with possession of firearm and ammunition although they found nothing on him. Since he explained what he did with the gun the charge should have been murder. You can just see the wickedness in that transaction; $100,000 bail (signed surety), and he’s free to run his runnings. After all that in January you would think he would quiet down but no.. May 26 police observed him in suspicious activity. Anyway, time longer than twine.
Why haven’t the juvenile been charged?
He is the cause of the young man been killed. If they didn’t set out to commit a crime, Javeron would have been alive today.
Thou shall not steal.
Thank you Jackie they really need to look into charging the other teen with the murder of his friend…make these accomplices accountable.
He is a minor at present and if I was the DPP, I would not charge him as yet, I would wait until he reaches the age of 18 to lay charges against him.
It doesn’t matter the age when he is charged….it is the age at the time of the incident. You should know that Law Student
I am still waiting to know who you next robber was
I Cant believe this is the way people does think omg this was sumbody’s child!!! its wrong to go around stealing peoples things but its rediculous to kill sumone for that n i dont kno either of the men…..so ok he thief the man chain wa ever n he suppose to shoot the boy take back he chain n live happily ever after?!!
He wasn’t somebody CHILD he was a 19year old adult that went to somebody else place of business to commit a CRIME and got killed.
They say is 2 places criminals end up….1) dead or 2) in jail
He was also carrying a gun…..supposed he had used the gun on the man he went to rob and no one else was there to intervene what would y’all be saying about this child????
wait wait wait!!! so because the boy thief you people trying to say that its a good thing that he got shot n died? and this goin teach people to stop thief? plzzzzz tell me i wrong cause reading these comments thats what it sounds like……if so you people are heartless!! IF A FEMALE WEARS A SHORT PANTZ DOES SHE DESERVE TO GET RAPED? SUMBODY THIEF N DEM DESERVE TO GET KILLED??…..H
by putting on a short pants she is not committing a crime… but thieving is a crime so u have to take what you get when you are involved in crime
And killing the boy wasn’t a crime?
Food for thought…. He wasn’t charged with murder! Hmmmm, this could mean they not even sure who killed this guy. Only thing they know for sure is that he had James’ chain in his hand at the time of death. Did they find this gun? If they did, he should be charged with murder! If they didn’t find a gun, how could he be charged with the above? Hmmmm
This is going to be an interesting case!!! DPP please don’t let this be another crazy case… Please!!!!
they didn’t even say it was james chain it was the man in the car parked in front of the club. so yea he could of try to scare them off but instead he shot directly at them killing one and the other ended up in the hospital. yes stealing is a crime but 2 wrongs don’t make anything right. and to those saying they should change the other teen for murder you sound so stupid how can they charge him for murder when the person who admitted to firing the gun is only being charged with firearm offenses nothing remotely close to murder, wounding or even man slaughter.
Open your eyes people
Please read carefully! He did not have James’ chain in his hand. It was Behari’s chain.
All this will do is make the lil thief dem tink they could rob anybody they want, shoot anybody they want an get away wit it…..d only ppl on here who tink dat they shud charge d man wid murder is d frens of d thief who dead…but leh it had been their family or fren geh hurt from a robber u would hear dem makin anoda kinda noise….SHUT R U BAKSIDE….dese yung boys need 2 stop d nonsense….go look wuk an respek ppl tings…
I GREE WITH YOU BVISLANDER 100% time to stop the foolish robbing of innocent people and go look for work. He will never rob where he is today. Sorry it went that way, however, you do the crime and there will be consequences, some does not always have good endings, he knew what he was up against when he decided to go and molest to people who where minding their own business. Those fuss at me this is a freedom of speech and I am entitled to speak my piece.
i kno this wudda happen. u cant shoot up ppl because U THINK them in the wrong in tola! A gun is illegal so even if a man come tek your life and u shoot he with YOUR gun, yo ass is goin jail. this aint america where it legal to have a gun. Either accept the fact that if a gunman come for u u gon dead or try fight back and get the person gun cause thas the only way u gon avoid a charge. Accept the fact that under tortola law your hurt if a gun man come for u or just move smart.
Alwyn come beter thsn this
Perhaps the dead criminals family will find the strength to pay their bills.
Something doesn’t sound right about this at all.Why is this man only being charged in relation to the firearm and ammunition? This was a murder and the criminal should be brought to justice.
So how exactly is the DPP going to handle the matter? As can be seen, they have many things to consider; the alleged robbery; David James having unlicensed firearm and unlawfully possessing ammunition, a murder and of course David James being related to the deputy police commissioner.
There are lots of illegal weapons in the country and not to mention the number of unsolved murders in which they were used. We need get those weapons off the street along with the criminals who are using them .
I hope that this would not be a case where a murderer walks free on the justification that his victim was breaking the law at the time he was killed.
I so agree with you broke, cause let me say that two wrong dont make a right, if it wasw not a robbery , the point is he still had a fire arm, hot condoning waht heskey did, but he did even shot him to stop him, so that they can face justice. Vigilante is not a right thing. he need to be charged with murder. is is not a police.
You may have a point there but what you are saying is not completely true. Yeah he might have a uncle with a big post and also a brother who is a decetive but by law i don’t think any of them are allowed to touch this case nor have a say in the matter. Its called conflict of interest, were obstruction of justice may occur. So don’t look at who is who wait til the full story comes out and you will see what is what.
And remember one thing in the court of law you are presumed innocent until proven guilty.
I knew you were lying when you said you passed your English test!!!
If he was arrested in January why did it take so long to charge him? I only hope that it doesn’t have any hanky-panky going on here because of family ties or the like. Granted the dead man was no saint, justice still has to be served if his death was a murder. I shall wait to see how this all turns out.
He was not arrested in January, he was taken into police custody for questioning regarding the shooting. The authorities have now arrested and charged him concerning the firearm. He is not being charged with murder so please get off the murder topic, for murder you need two elements the actus reus and the mens rea element, he only has the actus reus of the offence of murder, not the mens rea.
How do you know what his state of mind was on that night/morning to so boldly state that the mens rea was absent?
This is sounding like Travern Martin and Zimmerman
Tis sounds like Travern Martin and Zimmerman
Just that picture being published should be punishment enough….he be looking a fool
This is a picture of the deceased.
Shot whilst running away in retaliation for an ALLEGED robbery, will someone please explain how this is not murder?
only now?
Am sorry to know justice have to be serve but i hope you get way even to … try to rub me and up to now they never a rest he a.. but once your a thief you go allways a thief. One your a.. to will get catch
?????
WTR
u sound so dumb sayin tha
What the hell are you trying to say. Decode/translate please. Wheel and come again LOL
You should have remained in English class, whoever you are.
I knew you were lying when you said that you passed your English test!!!
u ass….
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