ST. CROIX — Kaley Lund is appealing her maximum five-year prison sentence for involuntary manslaughter after causing a fatal head-on crash in 2020 while driving under the influence, according to court documents.
Lund’s attorney, Martial Webster, filed a notice of appeal with the Superior Court on Tuesday, raising two issues: whether the judge violated the terms of the plea agreement at sentencing, and whether the sentence was based on double jeopardy.
Double jeopardy is a legal concept that prevents a person from being tried twice for the same crime after an acquittal or conviction.
Webster did not detail an instance of double jeopardy involving Lund in his notice of appeal.
Lund pleaded guilty in March 2020 to involuntary manslaughter after driving under the influence and crashing her Jeep into another vehicle, killing 25-year-old Marvin Barton and injuring another passenger, according to a Virgin Islands Department of Justice news release.
At the time of the crash, Lund was 27 and faced multiple charges, including vehicular homicide, DUI, and driving without a license. She was released after posting $5,000 cash bail and was allowed to reside in Florida while awaiting trial.
Lund signed a plea agreement with Deputy Attorney General William Appleton Jr. on March 6, 2024 stipulating that the Virgin Islands Department of Justice will recommend no more than four years of incarceration. The same agreement also stated that both parties acknowledge that sentencing is ultimately the decision of the court.
Lund was scheduled to be sentenced on June 28, 2024 but she failed to appear in court. Webster informed Judge Jomo Meade that he was unable to reach her for two weeks, and that the Office of Probation also had no contact with her during that time. The court issued a warrant for Lund and requested that it be entered into the National Crime Information Center database.
About a year later, on June 19, Lund was apprehended in Texas and extradited to St. Croix to face sentencing for the fatal 2020 crash. She was sentenced on July 15.
Because Lund fled the territory prior to her initial sentencing last year, she was charged with failure to appear in a criminal proceeding and was arraigned on that charge on June 20. Assistant Territorial Public Defender Nicholas Babilis represents her in the case. Jury selection and trial are scheduled for February 17, 2026.
