ST. THOMAS - Kerry Sylvester is left to face a possession of illegal firearm charge alone since prosecutors have dismissed a similar charge against his co-defendant, Shakeil Smith.

Sylvester, 20, and Smith, 22, both of Estate Thomas were arrested Saturday at 1:12 a.m. after, police found a handgun inside the vehicle in which they were traveling in during a traffic stop.

The two were brought before V.I. Superior Court Magistrate Judge Alan Smith on Monday to be advised of their rights. At the start of the hearing, Assistant Attorney General Ed Veronda announced that his office has decided to dismiss the case against Smith as there was not enough evidence to continue to press charges against him.

Police Officer Kendall Wharton, who testified during Monday's proceedings, said he and another officer were traveling westbound along Julian Jackson Drive when they saw a car make an illegal lane change.

"We stopped the vehicle and asked Sylvester for his driver's license. He said he did not have it with him at the time. We asked him for the documents for the car. He said he did not have them. We saw four other persons in the car. We ordered everyone out of the vehicle and frisked them for officers' safety," Wharton said.

The officers then searched the vehicle for its registration and other documents. During the search, the officers found a handgun underneath the passenger seat. All five persons, including three minors, were arrested. The minors were handed over to their parents, while Sylvester and Smith were taken to the police station, Wharton said.

Sometime later, according to Wharton, Sylvester gave a statement to another officer, claiming ownership of the gun.

A check of the firearms records showed that Sylvester is not a licensed gunholder, Wharton said.

Smith said there was probable cause for the charge and allowed Sylvester to be released on posting 10 percent of a $5,000 bail.

Sylvester is scheduled to be arraigned on Nov. 12.

- Contact reporter Corliss Smithen at 774-8772 ext 302 or e-mail csmithen@dailynews.vi.