Fahie v. People of the Virgin Islands, No. 15-2721 (3d Cir. 2017)Annotate this Case
Francis was identified by an eyewitness as the triggerman in a 2011 fatal shooting on St. Thomas. Francis admitted that he was present during the shooting and claimed Fahie wielded the weapon. Both Fahie and Francis were charged with the murder and related crimes. Francis worked out a plea deal: in exchange for reduced charges, he agreed to testify against Fahie, which he did, swearing that Fahie was the sole shooter. The jury found Fahie guilty. After an unsuccessful appeal to the Virgin Islands Supreme Court, Fahie successfully petitioned the Third Circuit certiorari. That court concluded that it had jurisdiction under the 2012 version of the Organic Act, 48 U.S.C. 1613; upheld the decision to give an “aiding and abetting” instruction, concluding that the theory was presented at trial; and declined to address whether the V.I. Supreme Court used the correct standard to assess whether another supposed error in the jury instructions was harmless.