Greer v. People

2021 VI 7

EMANUEL GREER, Appellant/Defendant, v. PEOPLE OF THE VIRGIN ISLANDS, Appellee/Plaintiff.

S. Ct. Crim. No. 2018-0025

SUPREME COURT OF THE VIRGIN ISLANDS

Considered: October 13, 2020

April 20, 2021

For Publication

Re: Super. Ct. Crim. No. 193/2016 (STT)

On Appeal from the Superior Court of the Virgin Islands Division of St. Thomas & St. John

Superior Court Judge: Hon. Kathleen Y. Mackay

BEFORE: RHYS S. HODGE, Chief Justice; IVE ARLINGTON SWAN, Associate Justice; and MARIA M. CABERT, Associate Justice.

APPEARANCES:

Alex Golubitsky, Esq.

Alex Golubitsky, P.C.

St. Thomas, U.S.V.I.

Attorney for Appellant,

Aysha R. Gregory, Esq.

Assistant Attorney General

St. Thomas, U.S.V.I.

Attorneys for Appellee.

OPINION OF THE COURT

SWAN, Associate Justice.

¶1 Appellant, Emanuel Greer, seeks reversal of his conviction for "Mayhem," V.I. CODE ANN. tit. 14, § 1341(a)(1), in the Superior Court of the Virgin Islands ("Superior Court"). Greer entreats this Court to declare that, by operation of 14 V.I.C. § 1344, there was insufficient evidence to sustain his conviction because the People failed to present evidence that the victim was disfigured at the time of trial, or alternatively, that if the victim was disfigured at that time, the People failed to present evidence that the disfigurement was serious, as contemplated under 14 V.I.C. § 1341(a)(1). For the reasons elucidated below, the conviction is affirmed.

I. BACKGROUND

¶2 For his actions on June 4, 2016, Greer was charged and tried on two counts.¹ Count two charged that Greer committed Mayhem in violation of subsection 1341(a)(1) of title 14 of the Virgin Islands Code when he "willfully and with intent to injure, disfigure or disable, inflicted upon the person of another an injury which seriously disfigures a person by mutilation, to wit: with intent to injure, he willfully bit off a portion of Akeino Williams' ear, and inflicted an injury which seriously disfigured his person."

¶3 Greer's trial began with jury selection on May 22, 2017; selection having taken most of the day, the jury was dismissed with instructions to not discuss the matter with anyone or listen to or read any news reports during the pendency of the trial. On May 23, 2017, the jury was sworn and given preliminary instructions, and counsel gave their opening statements.

¶4 The People's first witness was Sergeant Lorne Clarke of the Virgin Islands Police Department ("VIPD"), who, on June 4, 2016, was a detective assigned to the island of St. John. At approximately 9:00 a.m., Clarke was on the ferry from St. Thomas to St. John when he sawGreer "walking back and forth speaking loudly to himself." Greer was being boisterous and attracted Clarke's attention, but Clarke did not see Williams at that time. At about 10:15, having arrived in Cruz Bay, St. John, Clarke was approached by Williams who reported that Greer had threatened him while on the ferry, pointing to Greer who was standing in the park across from where Clarke's patrol vehicle was parked. Greer then walked away from Clarke toward a business in Cruz Bay. Williams declined to make an official police report but did want to inform an officer that he had been threatened and wanted the police to warn Greer not to contact him. Clarke took no action, beyond this interaction, to further investigate the complaint or contact Greer.

¶5 Ten minutes later, Clarke was contacted by a customs officer who reported that an altercation had occurred in a location that was in the direction Greer had walked; Clarke then drove his patrol vehicle to the reported location. Upon arrival, Clarke saw Williams bleeding "from the side of his head" and transported him to a clinic for treatment. When they arrived, Clarke was better able to observe the injury to Williams and saw that he was missing a portion of his ear. Subsequently, the piece of Williams' ear was brought to the clinic by Officer Herbert. While there, Clarke interviewed Williams, who reported that he had been attacked and bitten by Greer.

¶6 Upon leaving, Clarke went to Cruz Bay to search for Greer, who was found at the smoothie stand. After Clarke inquired as to what had transpired and Greer declined to give further details, he was arrested. At the trial, Clarke specifically identified Greer as the person who, on June 4, 2016, had been identified by Williams and was arrested.

¶7 Upon cross-examination, Clarke explained that his patrol car had been parked near the ferry dock for him to retrieve after his arrival. He also explained that he had boarded the ferry on St. Thomas at 9:00 a.m., and the ferry ride usually takes fifteen to twenty minutes to St. John. Likewise, Clarke confirmed that a person could readily have arrived on St. John at 9:15 and walked to Star Fish Market, Williams' place of employment, well before 10:15. Indeed, Clarke confirmed that a person could walk from the ferry dock to the market and back "five times" in that amount of time if they wished. Clarke further admitted he had no knowledge of what Williams had done between Williams' arrival in Cruz Bay at 9:15 and the report of the fight at 10:15.

¶8 Aleem Richards then testified. Richards lived on St. Thomas and, on June 4, 2016, was working as a crew member on the ferry that transported Williams to St. John. Richards had waited in the marine terminal prior to boarding the ferry, during which time he saw Greer. In the terminal, Greer had been constantly pacing back and forth—walking the length of the terminal. At some point, Richards was joined by Williams, and, being friends, they sat together discussing weight lifting. While on the ferry, Greer came inside the ferry's cabin and stood about a row in front of Williams and Richards, mumbling "something about, oh, we made him drop something, we made him drop something; our f'ing voices are annoying." Following these comments, Greer exited the cabin and proceeded to the upper deck. Richards noted that Greer was behaving strangely—Greer's "hands weren't really moving" but "his mouth was moving and mumbling different words."

¶9 Because Greer's behavior appeared irrational or abnormal, Richards chose to ignore him. In contrast, Williams followed Greer outside and asked him if he was okay, to which Greer responded that he would throw Williams overboard, and further questioned why Williams would follow him. When Williams returned to the cabin, Greer followed shortly thereafter to sit near them but then left to sit in the front of the ferry. At no point did Richards feel threatened by Greer. When Richards disembarked, along with Williams, he saw Greer. After they exited the ferry dock through the security gate, Richards parted ways with Williams. He did not witness the events leading to the altercation or the altercation itself. Richards specifically identified Greer as the man who had spoken to him and Williams on the ferry.

¶10 Upon cross-examination, Richards was asked directly "would [your friendship with Williams] lead you to testify anything other than truthfully today? Do you feel like you have a bias to speak in favor of Mr. Williams?" He responded bluntly, "Yes, sir." Further, defense counsel questioned Richards as to Williams' weightlifting abilities. On re-direct examination, Richards described Williams as "small-framed."

¶11 Officer Lisa Herbert, of the VIPD, was then called to testify. On June 4, 2016, Herbert was assigned to the Leander Jergen Command on St. John as a tourism officer responsible for patrolling the area near the Cruz Bay ferry dock. At 10:25 a.m., Herbert saw Clarke, and they were approached by a customs officer who informed them that a fight had occurred at a nearby business. Herbert immediately went to the scene, where, upon arrival, she saw Williams, wearing a polo shirt with a Starfish Market logo, holding his right ear with blood covering his hand. She questioned Williams as to what had happened, and Williams responded that he had fought with Greer and had been bitten on his ear so badly that a piece of it had been severed.

¶12 The severed part of Williams' ear was on the ground near him. Herbert retrieved it, placed it in a cup with ice, and took it to the clinic for the doctors. Herbert then identified Exhibits 1-4 as photographs she had taken while at the clinic that depicted Williams and his injured ear, and they were admitted in evidence. The photos vividly display the portion of Williams' ear that was missing² and are included in the record.³

¶13 After she had taken the piece of Williams' ear to the medical clinic, Herbert returned to Cruz Bay and located Greer near the smoothie stand. At trial, Herbert also identified Greer as theman who had been identified as Williams' assailant and was arrested. During cross-examination, Herbert explained that Greer had blood on his face and dripping from one of his eyes. Further, Herbert knew the charges for which Greer was arrested, but, as she was not the arresting officer, she did not know what facts led to the decision to arrest him rather than Williams, considering the men had fought each other.

¶14 Dina Alford, the custodian of records at the clinic where Williams was treated, was the People's next witness. Alford identified Exhibit 5 as Williams' records from the clinic on the day of his injury, and the exhibit was admitted in evidence. Alford read portions of the medial record indicating that Williams was treated by Dr. Barot and had a "traumatic injury, human bite, right ear, ear helix absent."

¶15 Dr. Elizabeth Barot then testified for the People. Dr. Barot was both the staff and emergency room physician at the clinic where Williams was treated following his injuries. She examined Williams and recorded that he had an open wound to the external part of his ear from a human bite. She cleaned and bandaged the wound and prescribed antibiotics. Although the missing portion of the ear had been retrieved, it could not be reattached because it was "dead already," and it would not heal if it were re-attached. She further explicated that Williams...