Government Of The Virgin Islands v. Carino

631 F.2d 226 (3d Cir. 1980)

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Nature of the Case

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Facts

D and Norilys Richardson lived together in St. Croix. The relationship was characterized by violence between them. They separated approximately two weeks before the incident in question. On the day in question, after a brief conversation, D and Richardson began to argue. According to Richardson, D took a stick and hit Richardson on the face and body. She tried to defend herself by looking for something behind a tree and by holding on to the stick which D was using to hit her. D then pulled a gun out of his jacket and fired at Richardson, shooting her with three bullets which caused extensive hemorrhaging and multiple internal injuries. Richardson was required to have emergency surgery, which included the removal of her ruptured spleen. On the way to the hospital, D gave police officers a story that she was assaulted by someone in a green army jacket. Richardson's version of the facts as set forth above was substantiated by eye-witnesses. According to D, Richardson came up to him when he was sitting on a bench and hit him with a stick. He then took the stick and hit Richardson on the head. She then reached into her jacket, and he rushed her, grabbed her hands, and took a gun from her pocket. D took it away and shot her in self-defense. D was charged with assault with intent to commit mayhem and possession of an unlicensed firearm. At trial, D wanted to admit evidence that Richardson had been convicted for voluntary manslaughter. Government (P) had moved in limine to exclude this evidence. The Court agreed with P. D was convicted and appealed. D argues that the evidence should have been admitted not only for its impeachment value but also to demonstrate his fear and to corroborate his testimony that the victim was the aggressor.