Attorney General Vincent F. Frazer would like to advise the general public that the Virgin Islands Parole Board will meet on Thursday, December 3rd 2009, and Friday, December 4th 2009, at 9:15 a.m. at the Golden Grove Correctional Facility on St. Croix, to consider the applications for parole for the following inmates:

December 3, 2009

Inmate Name(s)                                 Offense(s) Committed

Edison Taylor                                       Murder 2^nd Degree

David Diaz                                           Robbery 1^st Degree

Louis Danet Castillo                              Murder 2^nd Degree

Elvis Edwards                                       Aggravated Rape

Milton Gordon                                     Murder 2^nd Degree

Eduardo Garcia, Jr.                              Murder 2nd Degree

Hubert Rhymer                                    Aggravated Rape; Kidnapping

Wilfred Edwards                                  Possession Control Substance

Luis Osorio                                          Assault 1^st Degree

December 4, 2009

Inmate Name(s)                                 Offense(s) Committed

Ishmael Martinez                                  Murder 2^nd Degree

Felipe Ledesma                                    Aggravated Rape

December 4, 2009

Inmate Name(s)                                 Offense(s) Committed

John Bastian                                         Assault 1^st Degree, Rape 1^st Degree     

Andy Peters                                         Murder 2^nd Degree

Alvin Gomez, Jr.                                   Rape 1^st Degree                                             

Morris Huggins                                    Assault 3^rd Degree

Wayne Blash                                        Murder 2^nd Degree

Akim Potter                                          Unlawful Sexual Contact

Servano Carmona                                 Grand Larceny

Melvin Wiltshire                                    Attempted Rape                                  

Anyone interested in giving information to the Board or testifying at the hearing must submit written comments to the Board or advise the Board of his/her desire to appear and testify.  Such notices must be received by the Board at least 24 hours prior to the hearing date. 

Written comments or requests to testify should be addressed to: 

Mr. Darien L. Wheatley

Parole Board Coordinator

V.I. Department of Justice

34-38 Kronprindsens Gade

GERS Complex, Second Floor

St. Thomas, U.S. Virgin Islands 00802-5712

Tel: -774-5666 x124

Fax: - 776-3494

A twelve person jury returned a verdict of “guilty” Saturday against a 36 year old St. Thomas man who was prosecuted for discharging shots at three Virgin Islands Police Officers.

Dominican native, Kenneth Augustine, stands convicted of 3 counts of third degree assault, 3 counts of using an unlicensed firearm during the commission of a third degree assault, in addition to one count of reckless endangerment in the first degree.

At about 9:15pm on October 3^rd 2008, three Virgin Islands Police Officers responded to a report of a suspicious male who was seen carrying a firearm in the area of Lone Eagle Superette in Smith Bay, St. Thomas. The male, who police identified in court as Augustine, ignored their orders to stop and continued walking away.

According to the officers’ testimony, Augustine pulled a black handgun from his rear pant pocket and began discharging shots at the approaching officers while continuing to flee on foot between the area of Lake’s Chicken Fry and Value Foods Mini Mart.

The officers returned gunfire in self defense. Augustine was struck once with a bullet in his lower right leg. As a result of his injury, officers were able to trace a trail of Augustine’s blood to an area of bushes on the private property where he was hiding.

Upon his conviction, V.I. Superior Court Judge James Carroll, III remanded Augustine to the immediate custody of the Bureau of Corrections. Augustine could serve a maximum penalty of 30 years behind bars. His sentencing is scheduled for March 21, 2010.

The case was successfully prosecuted by Assistant Attorney General Brenda Scales and Assistant Attorney General Charles Willoughby.

At the conclusion of a second trial, a twelve person jury again returned a verdict of “guilty” Friday against a St. John man prosecuted for the 2007 murder of a Pennsylvania man on St. John.

Jahlil J. Ward of Gift Hill, St. John stands convicted of one count of murder in the second degree, one count of third degree assault, and one count of using a dangerous weapon during the commission of a third degree assault.

The charges stem from the June 19th 2007 stabbing death of James P. Cockayne of New Hope, Pennsylvania. Cockayne’s lifeless body was found around midnight lying outside the Fashion Palace in Cruz Bay, St. John. He had been stabbed eight times about his body, including a fatal stab wound to his left femoral artery. At the time of his death, 21 year old Cockayne was residing on St. John with his mother, while awaiting work permit papers from the British Virgin Islands.

Attorney General Vincent F. Frazer is satisfied with the successful resolution of the case. Frazer said, “Ward’s conviction brings closure to a long and hard fought trial, not only for the Cockayne family but also for the Department of Justice, which has worked tirelessly to prosecute this matter. I commend the witnesses, who came forward to testify during this trial, and I congratulate the Assistant Attorneys General on their hard work and dedication to ensure that justice was achieved for James Cockayne and his family. The successful results of this trial are the fruits of individuals working together to protect the entire community,” Frazer said.

Frazer also thanked the jurors for their service. “I extend my gratitude to the men and women who served our community as jurors in this trial. They were able to reach a unanimous and impartial verdict due to their fair assessment of the evidence presented to them by the team of Assistant Attorneys General,” Frazer said.

Ward faces a minimum of 20 years in prison. His sentencing is set for January 22, 2010.

The case was prosecuted by Assistant Attorneys General Claude Walker, Courtney Reese and Michael Motylinski.

The successful joint prosecution of former Virgin Islands Police Officer Jeffrey Browne, his wife, Marcella Browne and brother-in-law, Luis Melendez by prosecutors from the V.I. Office of the Attorney General and the U.S. Attorney’s Office led to the successful conviction of each defendant on all counts.

 Attorney General Vincent F. Frazer thanked the United States Attorney’s Office for its assistance. “I extend my gratitude to the United States Attorney’s Office for its willingness and steadfast commitment to help in the prosecution of this case and I look forward to more instances in which our offices may work together to prosecute violent crime throughout the territory,” said Frazer. The Attorney General also complimented Attorneys Andrews and Bloodman on “a job well done.” 

United States Attorney Ronald W. Sharpe also commended the prosecutors, reiterating his office’s commitment to working with the Attorney General’s Office and other local law enforcement agencies in the territory. “The results in this case demonstrate the benefits of sharing resources and working together in a well-coordinated effort in order to have a meaningful impact on violent crime,” he said.         

 Deputy Attorney General Charlotte Poole Davis commended the witnesses who came forward to testify on behalf of the People of the Virgin Islands. “Given the fact that one of the defendants was a police officer, it is understandable why some witnesses were initially reluctant to come forward. However, through their courage, the perseverance of the police case agent, and the team effort of the Attorney General’s Office and the United States Attorney’s Office, we were able to obtain justice,” said Poole Davis.

Jeffrey Browne and Luis Melendez, each stand convicted of two counts of first degree murder, four counts of attempted murder, four counts of third degree assault, one count of reckless endangerment, one count of unauthorized possession of a firearm during the commission of a crime of violence and one count of interfering with a police officer discharging his duty.

Marcella Browne, stands convicted of two counts of accessory after the fact, and one count of interfering with a police officer discharging his duty.

The charges stem from the December 25^th 2007 drive-by shooting in the John F. Kennedy housing community on St. Croix that killed 33 year-old Kenyatta McIntosh and 18 year-old Allan Burke, and wounded four others.

 The two-week trial was jointly prosecuted by Assistant United States Attorney Alphonso Andrews and Assistant Attorney General Garfield Bloodman.

 All three defendants were remanded to the Bureau of Corrections immediately upon conviction.

     A twelve person jury returned a verdict of “guilty” Tuesday against a former Director of the Virgin Islands Bureau of Motor Vehicles who was charged with fraud.

     Delvin D. Duggins, a 44 year old St. Thomas native, stands convicted of one count of fraudulent claims upon the Government.

     Prosecutors were able to prove to a jury that Duggins made a fraudulent statement or representation upon the Government in February 2009, when he directed a data entry clerk at the Department of Motor Vehicles to remove a lein from his vehicle registration although Duggins was aware that the vehicle had a valid lien against it.

     First Southwestern Financial Services placed a lien on the vehicle, a 2006 Jeep Wrangler, in the amount $13,300 at the time Duggins purchased it from the Caribbean Auto Mart in St. Thomas on September 27, 2007.

     On May 13, 2009, months after he instructed the data entry clerk to illegally remove the lien, Duggins authorized a payment from his checking account in the amount of $12,034.45 to pay off the lien.

     Duggins faces a maximum fine of $500 or a maximum prison sentence of two years, or both.

     The case was successfully prosecuted by Assistant Attorney General Claude Walker.     

The Parole Board held meetings on December 3, 2009, and December 4, 2009 at the Golden Grove Correctional Facility on the island of St. Croix.  Listed below are the results of the following inmates’ applications for parole.

DECISIONS RENDERED ON DECEMBER 3, 2009

                                                            OFFENSE(S)                                         

            INMATE(S)                                           COMMITTED                      DECISION(S)

1.             EDISON TAYLOR                               Murder 2^nd Degree                  APPROVED          

2.             DAVID DIAZ                                        Robbery 1^st Degree                 DISAPPROVED   

3.             LUIS DANET CASTILLO                    Murder 2^nd  Degree                 DISAPPROVED         

4.             ELVIS EDWARDS                                Aggravated Rape                     DISAPPROVED   

5.             MILTON GORDON                             Murder 2^nd Degree                  DISAPPROVED   

6.             EDUARDO GARCIA, JR.                    Murder 2^nd Degree                  DISAPPROVED   

7.             HUBERT RHYMER                             Aggravated Rape                     DISAPPROVED   

8.              WILFRED EDWARDS                       Possession of                                                          

9.             LUIS OSORIO                                       Assault 1^st Degree                   APPROVED          

DECISIONS RENDERED ON DECEMBER 4, 2009

                                                                OFFFENSE(S)                                                       

                INMATE(S)                           COMMITTED                      DECISION(S)

1.             JOHN BASTIAN                   Assault 1^st Degree                   DISAPPROVED   

2.             ISHMAEL MARTINEZ       Murder 2^nd Degree                  APPROVED          

3.             FELIPE LEDESMA               Aggravated Rape                     APPROVED         

     A Virgin Islands Superior Court Magistrate granted a request Thursday February 4^th 2009, by the Virgin Islands Department of Justice for the issuance of a sealed arrest warrant for St. Thomas real estate agent, Rosemary Sauter-Frett.

     The request for the warrant stems from information obtained during the course of several citizen complaints that came into the Department of Justice Special Investigations Division and White Collar Crime & Public Corruption Unit, and subsequent investigations into those complaints.

     Due to the ongoing investigative nature of this case, details obtained in the arrest warrant and the accompanying affidavit shall not be released at this time.

     Special Agents from the Virgin Islands Department of Justice took steps Thursday, February 4^th 2009 to secure Sauter-Frett’s RE/MAX Dream Properties office located in Lockhart Gardens, St. Thomas.

     The office, which contains confidential and financially sensitive accounting information related to Sauter-Frett’s clients, appears to have been left abandoned by Sauter-Frett, whose whereabouts remain unknown.

     The Department of Justice is asking anyone who may know the location of Rosemary Sauter-Frett to immediately contact the Virgin Islands Police Department by dialing 9-1-1. Confidential tips regarding her whereabouts may also be phoned into the Virgin Islands Department of Justice, Special Investigations Division or the White Collar Crime & Public Corruption Unit at 774-5666 x186.

     A twelve person jury returned a verdict of “guilty” Tuesday February 9, 2010 against St. Clair “Whadablee” DeSilvia and Marco Mendoza, co-defendants, who were tried for the second time on charges in connection with the fraudulent registration and inspection of a safari style taxi.

     DeSilvia, 51, a former senior inspector at the Virgin Islands Bureau of Motor Vehicles, and Mendoza, 59, a safari taxi operator, stand convicted of one count each of filing or recording forged instruments and one count each of fraudulent claims upon the government.

     The prosecution was able to prove beyond a reasonable doubt to a jury, that on June 4, 2009 DeSilvia prepared a phony Inspection Lane Checklist and affixed a stamp on the 2008 registration for a white Ford safari vehicle with the license plate TP-0285, although he knew the documents were false and would be filed with the Virgin Islands Bureau of Motor Vehicles (BMV).

     DeSilvia went so far as to note on the BMV Checklist that the safari vehicle, owned by Mendoza, was in “good” condition despite the fact that the Mendoza never presented the taxi for inspection.

    The prosecution also provided evidence to jurors that on June 4, 2009 Mendoza knowingly attempted to use the fraudulent documents to file an Inspection Lane Checklist and 2008 registration with the BMV for a safari vehicle with the license plate TP-0285.

     Filing or recording forged instruments carries a maximum penalty of not more than a $1000 fine, or imprisonment not more than five years or both.

    Fraudulent claims upon the government carries a maximum penalty of not more than a $1500 fine, or imprisonment not more than 2 years or both. 

    Attorney General Vincent F. Frazer warns motorists against what he calls a “crime of convenience.” Frazer said, “It is the duty of all motorists to register their vehicles with the Bureau of Motor Vehicles and to have them inspected for the necessary safety requirements. This inspection is paramount to the safety of all residents and visitors alike, who traverse or ride as passengers along our territory’s roadways. I caution all motorists against attempting to circumvent the registration process or accepting invitations to do so. The time it will take a motorist to properly register his or her vehicle is guaranteed to be less than the time he or she could spend behind bars for attempting to present false documents to the BMV,” said Frazer. 

     A St. Thomas woman suspected of conducting a scheme to defraud numerous Virgin Islanders out of millions of dollars has been arrested in Florida.

     A lengthy investigation, conducted by the Virgin Islands Department of Justice Special Investigations Division and the White Collar Crime & Public Corruption Division, led law enforcement officers Monday February 8, 2009 to a Dade County, Florida residence occupied by long time St. Thomas resident, Janice Dorette Rey, 48, a native of Anguilla.

     Rey was arrested by the U.S. Marshal Service Task Force, who assisted the Virgin Islands Department of Justice in her apprehension, based on a warrant issued on December 10, 2009 by Superior Court Judge James Carroll, III.

     Rey is charged under the Criminally Influenced and Corrupt Organizations Act (CICO), Obtaining Money by False Pretense, Drawing and Delivering Worthless Checks, Securities Fraud and Unregistered Broker-Dealer.

     Rey, who worked out of her office, Rey Financial LLC., located in the Times Center Building in St. Thomas, posed as an agent for Paramount Group LLC., based in Carson City Nevada, and encouraged victims to enter into agreements to invest large sums of money in a “Paramount Group platform” by promising “risk free” “double returns” on their investments.

    Rey failed to pay victims their principal investment or any returns/ proceeds from that investment, when it became due or anytime thereafter, as she had promised. Instead, Rey issued worthless checks to some of her victims.

     The Department of Justice investigation revealed that Rey began operating what appears to be a scheme, as early as 2007, and that neither Janice Dorette Ray, Paramount Group, nor Rey Financial Services is registered as a broker-dealer of Securities in the U.S. Virgin Islands. The investigation further revealed that Paramount Group LLC. was a shell company owned and operated by Rey.

     Investigators assert that through this means, Rey defrauded numerous victims out of investments in excess of three million dollars. The number of Virgin Islanders allegedly affected by the scheme continues to grow along with the amount of the fraud, as complainants continue to come forward and the investigation into the matter continues.

     Attorney General Vincent F. Frazer thanks the U.S. Marshal Service Virgin Islands and Miami Districts for its assistance in the successful apprehension of Janice Dorette Rey.

     Rey is being held by the Miami-Dade County Corrections and Rehabilitation Department on $1.1 million bail.

     If you or anyone you know suspects that they may have been defrauded by Janice Dorette Rey, immediately contact the Virgin Islands Department of Justice Special Agent James McCall or the White Collar Crime and Public Corruption Division at 774-5666 x125.

     Janice Dorette Ray remains innocent of all charges until proven guilty in a court of law.

     Attorney General Vincent F. Frazer and Police Commissioner Novelle Francis, Jr., confirmed that St. Thomas/ St. John District Senator, Adlah “Foncie” Donastorg, Jr., turned himself in to authorities at the Virgin Islands Police Department in Frederiksted, St. Croix on charges of domestic violence.

     The 47 year old St. Thomas native is charged with one count of assault in the third degree, one count of aggravated assault and battery, one count of brandishing a deadly weapon (firearm), and one count of using a dangerous weapon (firearm) in the commission of a crime of violence.

     The charges stem from an alleged domestic related incident that occurred between Donastorg and a nineteen year old female on January 28, 2010.  The name of the alleged victim shall not be released at this time.

     Donastorg was released from police custody on his own recognizance Thursday afternoon after voluntarily turning himself in at the request of police investigators.

     Magistrate Alan Smith is expected to Advise Donastorg of his rights on Friday March 4, 2010 in the Magistrate Division of the Virgin Islands Superior Court located in Barbel Plaza, St. Thomas.

     Senator Donastorg remains innocent of all charges until proven guilty in a court of law.

     Former Chief Executive Officer of the Roy Lester Schneider Medical Center, Rodney E. Miller, turned himself in to authorities at the Virgin Islands Department of Justice on St. Thomas Thursday March 11, 2010 in connection with the presentation of false evidence to the court during Miller’s February 2009 trial.

     A Superior Court Magistrate granted a request by the Department of Justice on March 4, 2010 for the issuance of a warrant for Miller’s arrest.

     Miller is charged with one count of Preparing False Evidence, one count of Offering False Documents in Evidence and one count of Attempted Fraudulent Claims Upon the Government.

     A Department of Justice investigation revealed that during his February 2009 trial before Superior Court Judge Leon Kendall on a single charge of Filing Fraudulent Claims Upon the Government, Miller, through his attorney, attempted to present to the court a fraudulent military identification card as evidence.

     The card, which appeared to be a Navy Identification Card bearing Miller’s name and photograph with the issue date February 28, 2002 and an expiration date September 28, 2002 showed the words “Active Duty” and was labeled as a “Defense Exhibit” for presentation to the court.

     In accordance with the Government’s objection, the trial judge did not allow for the card to be admitted as evidence and it remained instead with defendant Miller.

     A jury found Miller “guilty” on February 10, 2009 of one count of Filing Fraudulent Claims Upon the Government. The charge stems from a false statement made by Miller on his application for employment at Roy Lester Schneider Medical Center. Miller indicated on his application that he had received an “Honorable” or “General” Discharge from the military; however a Department of Justice investigation revealed that he had received a “Bad Conduct” Discharge.

     During Miller’s February 2009 trial, Government witness, Lt. Stacia Gawronski, an attorney with the Judge Advocate General (JAG) Corps in Navy Yard, Washington, D.C., reviewed Miller’s Navy Personnel file during her sworn testimony and stated that Miller was officially discharged from the military on April 3, 2000 with a “Bad Conduct” Discharge. Gawronski further stated that there was no indication in Miller’s Navy personnel file that he was returned to active duty, and therefore was out of the Navy and not entitled to a military identification card. 

      A Department of Justice investigation revealed that Rodney E. Miller was a member of the United States Navy from August 6, 1990 to April 3, 2000. The investigation further revealed that Miller was arrested and tried on various charges including larceny and obstruction of justice by a general court martial by a military judge on September 13, 1995. Miller pled guilty to the charges and was sentenced to a demotion in pay grade, incarceration for twelve months, and a “Bad Conduct” Discharge on April 3, 2000.

      Miller is expected to be advised of his rights on Friday March 12, 2010 in the Magistrate Division of the Superior Court of the Virgin Islands.

     Rodney E. Miller remains innocent of all charges until proven guilty in a court of law.    

     A twelve person jury returned a verdict of “guilty” Tuesday, March 09, 2010 against Rudette Christopher, also known as “Chris.”

    Chris stands convicted of one count of assault in the third degree and one count of using a dangerous weapon during the commission of a crime of violence.

     Prosecutors were able to prove to a jury that on Thursday April 30, 2009 Christopher stabbed the victim, Curtis John-Jules, also known as “Father,” at least once in the chest using an ice pick.

     The incident occurred on Hospital Gade shortly after a physical altercation between the two men in the St. Thomas Carnival Village following the Jouvert Parade.

      Christopher faces a maximum sentence of 20 years behind bars and a fine of $13,000.

     A twelve person jury found a St. Croix man “guilty” Saturday of the September 2008 slaying of a young jockey in Fredericksted, St. Croix.

     Colly Cascen, 31, stands convicted of one count of first degree murder, one count of attempted first degree murder, one count of first degree assault, one count of third degree assault, one count of reckless endangerment, and one count of possession of an unlicensed firearm during the commission of a crime of violence.

     The charges are in connection with a September 7^th, 2008 shooting in the vicinity of the Harvey Housing Community located in Estate Bethlehem in Fredericksted, St. Croix. The shooting incident resulted in the death of sixteen year old jockey, Christian D. Soto III, the son of well known St. Croix jockey, Christian Soto, Jr.

     Two others, Cyril “Din Din” Peter, and a minor male were also wounded in the attack.

     Soto had won his first race at the Randall “Doc” James Racetrack on the day he was shot. Soto and a group of several others were celebrating his victory near a “shanty” in the housing community where the shooting occurred shortly before 11p.m.

     Prosecutors were able to prove to a jury that Cascen, who had a long standing feud with Peter, drove up to the group in a black vehicle minutes after Peters joined the celebration. Cascen then exited the vehicle and began firing several shots. Cascen continued to fire shots while chasing Peter, the intended target, towards the horse stable area. Peter was struck in the chest, elbow, thigh and shoulder. A minor male victim was struck in the left side of the back. Soto was struck in the head. All three victims were transported to Juan F. Luis Hospital for treatment.

     Soto was pronounced dead from a gunshot wound to the head on September 10, 2008.

     Peter, the intended target, and Cascen, the shooter, were embroiled in a long standing feud dating back to a separate shooting incident in 2007.

     Attorney General Vincent Frazer denounced the vengeful nature of the shooting and thanked the witnesses in the case for coming forward. “This type of retaliatory gun violence must stop. It is incidents like these that have claimed too many young, promising and innocent lives like that of Mr. Soto. I encourage young people not to solve their quarrels with guns. They are dangerous weapons that when used in violent attacks such as this one, not only result in the loss of innocent life but the ruin of families and the lives of young perpetrators, who are faced with spending the rest of their lives behind bars. On behalf of the entire Virgin Islands community, especially St. Croix, I extend my gratitude to the witnesses in this case for having the courage to come forward and testify in the interest of justice and to the hard work of police detectives and prosecutors in in the St. Croix Office of the Attorney General.” Frazer said.

     Cascen faces a mandatory life sentence.  

     Agents from the Department of Justice Special Investigation Division arrested a St. Thomas grocer Monday March 15, 2010 on charges in connection with the issuance of worthless checks.

     Saleh Aquel, 36, of Kuwait was taken into custody at about 8:30 a.m. at Cyril E. King Airport on St. Thomas on a warrant issued for his arrest on June 10, 2009 by Superior Court Judge James Carroll III.

     The Sammy Grocery Store owner is charged with one count of Drawing and Delivering Worthless Checks.

     A Department of Justice investigation revealed that on October 5, 2007 Aquel issued a check in the amount of $5,000 to a complainant who presented the check for payment at Banco Popular de Puerto Rico. The check was returned for insufficient funds.

     Signature cards and monthly account statements obtained by the Department of Justice reveal that Aquel received notice of insufficient funds from Banco Popular de Puerto Rico indicating that the check was being returned.

     Aquel issued the complainant another check in the amount of $5,000 on November 5, 2007. The check was again returned for insufficient funds upon presentation for payment at Banco Popular de Puerto Rico.

    A Department of Justice investigation further revealed that Aquel also received notice from Banco de Popular de Puerto Rico that the check was being returned for insufficient funds.

     Despite numerous attempts, the complainant has been unsuccessful in having Aquel satisfy the worthless checks.

     Aquel is suspected of knowingly, willingly and intentionally issuing two worthless checks totaling $10,000.  

     The Department of Justice, through the Superior Court Marshal, will conduct a public sale Wednesday March 17, 2010 of former Government aide Alric Simmonds’ assets, which he relinquished to the Government as part of a plea deal for his 2008 conviction on charges of embezzlement of Government funds.
    
     The sale of Simmonds’ Estate Wintberg condominium and its contents will begin at 10 a.m. Some of the contents, individually itemized by the Attorney General, will be sold at fixed prices, predetermined by the Attorney General. The remaining unsold items shall be included with the property to be sold at public auction to the highest bidder at 11a.m.

            The sale will occur at the following location:

Unit D-7 Palm Gardens Condominiums

Parcels Nos., 900b0-1 and 900b-2

Estate Wintberg, #3 Great Northside Quarter

St. Thomas U.S. Virgin Islands

     The above described property is a top floor level condominium overlooking Mahogany Run Golf Course with two bedrooms, one loft, two bathrooms, and fully furnished kitchen with granite counter tops and custom made mahogany cabinets. The more than one hundred (100) items for sale include mahogany wood furniture, crystal decanters, crystal figurines, various art work, sculptures, area rugs, a flat screen television, surround sound system and other electronics.    

     Upon pleading “guilty” in June 2008 to charges of conversion of government property, embezzlement, falsification of public accounts and grand larceny, Simmonds, a former aide to former Governor Charles Turnbull, was ordered by Superior Court Judge James Carroll III to pay $1,248,946.70 in restitution to the Virgin Islands Government. Judge Carroll also ordered Simmonds to turn over all real and personal property including the forfeiture of seventy-five percent (75%) of his retirement income while incarcerated and twenty-five percent (25%) thereafter. Simmonds was also sentenced to 8 years imprisonment, a sentence he is currently serving out at the Golden Grove Correctional Facility on St. Croix.

     The charges stem from Simmonds’ April 2, 2007 and June 5, 2007 arrests by agents from the Government Fraud and Corruption Task  Force.

     Simmonds served as Deputy Chief of Staff to Governor Turnbull from June, 1999 to October, 2006. As a certifying officer for the Office of the Governor and the Governor’s liaison to the Bureau of Economic Research (BER), Simmonds had access to all accounts held at that office.

     Proceeds from the forfeiture sale will be applied to the fees and costs of the sale including expenses, advertising and court costs, first priority mortgage lien existing on the property in favor of Banco Popular, and the balance paid to the Virgin Islands Department of Justice for the cost of expenses of investigation and prosecution in the Criminal Activity Investigation and Prosecution Fund.

     Neither the defendant nor any person acting in concert with him or on his behalf shall be eligible to purchase the forfeited property. Ten percent (10%) of the purchase price of the condominium property is to be paid in certified check or bank check at the time of the sale, with the balance to be paid within thirty (30) days. Items purchased from the sale shall be paid in cash and removed from the condominium property by 5p.m. on the day of sale.

     A lengthy investigation conducted by the Virgin Islands Department of Justice Special Investigations Division and the White Collar & Public Corruption Division led to the extradition of a California man back to the Virgin Islands Tuesday, to face charges of embezzling more than $50,0000 from the St. Thomas hotel where he worked. 

     Special Agents from the V.I. Department of Justice Special Investigations Division took Michael J. Steinhauer, 49, into custody Tuesday at the Cyril E. King Airport upon his return to the territory. The former employee of the Holiday Inn Windward Passage Hotel is charged with one count each of Forgery, Obtaining Money by False Pretense, Grand Larceny, and two counts of Embezzlement.

     Steinhauer was arrested by a U.S. Marshal Service Task Force, which assisted the Virgin Islands Department of Justice in his apprehension, based on a warrant issued on June 3, 2009 by a Virgin Islands Superior Court Judge. The outstanding arrest warrant was executed at Steinhauer’s Napa County, California residence at about 7 a.m. on March 31, 2010.

     Steinhauer is suspected of embezzling more than $50,000 through the use of unauthorized checks issued on the Hotel’s First Bank account. In his position as Comptroller for the Hotel, Steinhauer was an authorized signatory on the Hotel’s bank account and had access to hotel funds.

            A twelve person jury returned a verdict of “guilty” Wednesday May 5, 2010 against a St. Thomas man for the illegal possession of two firearms.

            Thomas Wayne Hightree, 56, stands convicted of two counts of unauthorized possession of a firearm.

            The weapons, a .40 caliber Glock 27 handgun and a .22 caliber Ruger MKII rifle, were discovered in Hightree’s West Caret Bay residence during the execution of a search warrant. The search was conducted by agents from the Department of Justice Special Investigations Division in conjunction with officers from the Virgin Islands Police Department’s Criminal Investigation Bureau, Forensic Bureau, and Special Operations Bureau.

            Prosecutors were able to prove to a jury that a firearms check conducted with the Firearms Division of the Virgin Islands Police Department revealed that Hightree was at one time licensed to possess both firearms but that both licenses had expired.

            The license for the .40 caliber Glock 27 handgun expired in November, 2003 while the license for the .22 caliber Ruger MKII rifle expired in April, 2006.

            Each count of unauthorized possession of a firearm carries a prison sentence of not less than 1 year, nor more than five years and a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000) or both.             

     Crime Stoppers is offering a $2,000 cash reward to anyone with information leading to the apprehension and/ or arrest of the individuals responsible for the May 13, 2010 burglary and subsequent arson of the Virgin Islands Lottery on St. Thomas. The individuals wore gloves and hooded clothing to disguise themselves. The individuals were captured in a surveillance video as they carried out the alleged crime, which occurred between the hours of 5:30 and 6:00 a.m. at the lottery offices located at 78-79 Kronprindsens Gade, Charlotte Amalie, St. Thomas.

     Anyone who may assist in identifying the perpetrators in the surveillance video or who may have information regarding this crime is asked to call Crime Stoppers anonymous tip line at 1-800-222-TIPS (8477) or Special Agent James McCall at the Virgin Islands Department of Justice at 774-5666 x125.

     All callers will remain totally anonymous.

     Attorney General Vincent F. Frazer intends to re-file first degree murder and first degree robbery charges against 20 year old Cuthberston Thomas of Dominica, who was extradited from the British Virgin Islands to the U.S. Virgin Islands to face charges including attempted murder and first degree assault in connection with a shooting on school property, in addition to charges of first degree murder and first degree robbery in two other, unrelated cases.   

      Superior Court Judge James Carroll III detained Thomas, Friday May 14, 2010, without bail pending trial on charges of attempted first degree murder, using an unlicensed firearm during the commission of an attempted first degree murder, first degree assault, using an unlicensed firearm during the commission of a first degree assault, third degree assault, using an unlicensed firearm during the commission of a third degree assault, aggravated child abuse, and reckless endangerment in the first degree.

     The aforementioned charges stem from a May 6, 2009 shooting on the Emmanuel Oliver Benjamin Elementary School property. Thomas is accused of aiding and abetting convicted murderer, 22 year old Ritchie Fontaine, also of Dominica, in a shooting in an area where minor children were on a school bus. A ten year old male student was caught in the cross fire and struck by a stray bullet. An adult male was also struck.

Thomas was also charged with first degree murder and associated weapons charges in connection with the shooting death of Phillip George on May 7, 2009 in St. Thomas. In addition, Thomas faces a charge of first degree robbery and associated weapons charges in connection with the armed robbery of Edgar Francis on August 14, 2009 in St. Thomas. However, on Tuesday May 18, 2010 Attorney General Vincent F. Frazer moved to dismiss without prejudice, the charges pending against Thomas in connection with the May 7, 2009 and August 14, 2009 incidents.

     Attorney General Vincent F. Frazer would like to advise the general public that the Virgin Islands Parole Board will meet on Thursday, June 17, 2010, and Friday, June 18, 2010 at 9:15 a.m., at the Golden Grove Correctional Facility on St. Croix. The Parole Board will also meet on Monday, June 21, 2010 at 9:15 a.m., at the Alva A. Swan Annex on St. Thomas, to consider the applications for parole for the following inmates:

June 17, 2010

Inmate Name(s)                                 Offense(s) Committed

Raul P. Corneiro                                   Possession of Controlled Substance

Philmore Archibald                               Unlawful Sexual Contact

Rodney Greenidge                                Murder 2^nd Degree

Robert Petersen                                    Murder 2^nd Degree

Luis Robles                                          Rape 2^nd Degree

Jeffrey Francis                                      Assault 1^st Degree       

Michael James                                      Burglary 1^st Degree

     The Parole Board will hold parole revocation hearings for inmates Brian Johnson, Angel Medina, Pedro Melendez, Erroll Nelson and Maxwell Brewster

June 18, 2010

Inmate Name(s)                                 Offense(s) Committed

Austin Donovan                                    Rape 1^st Degree                                  

Carmen Castro-Malgaglio                     Forgery

Marvin Dominquez                               Murder 1^st Degree

Gabriel Joseph                                      Possession of Stolen Property

Lloyd Yarwood                                    Assault 1^st Degree

John Williams                                       Unlawful Sexual Contact

Leocardio Guadalupe                           Unlawful Sexual Contact

David Phillip                                         Rape 1^st Degree

     The Parole Board will hold parole revocation hearings for inmates Jerome Turnbull, and Lorne Davis.

          Attorney General Vincent F. Frazer wishes to advise the general public that phone service at the Department of Justice, Office of the Attorney General located in Estate Castle Coakley, St. Croix has been interrupted due to the inclement weather experienced throughout the territory during this past weekend. 

            Attorney General Frazer requests the public’s patience and cooperation as the Department of Justice works with its telephone service provider to restore communications as soon as possible.

            Anyone requiring immediate assistance may call the Department of Justice, Office of the Attorney General on the island of St. Thomas at 340-774-5666.

           A twelve person jury returned a verdict of “guilty” Tuesday June 15, 2010 against a St. Thomas man for the unlicensed possession of three (3) separate firearms.
          
          Twenty-six (26) year old Trinidadian native, Curtis Subdhan, stands convicted of three counts of possession of an unlicensed firearm, two (2) of which had obliterated serial numbers or identification marks.

            Subdhan was arrested on November 30, 2008 after police responded to a domestic disturbance call at the home he shared with his girlfriend at the time, who testified as the key witness in the case against him.

            Subdhan’s girlfriend led police to a cache of weapons hidden beneath the sofa in the couple’s home. The stash of weapons included a Saiga MK 03 Assault Rifle with an obliterated serial number, an Assault Rifle of unknown make and model, also with an obliterated serial number, in addition to a .38 “special” caliber Taurus Revolver.

            Attorney General Vincent F. Frazer thanked the members of the jury. “I would like to thank the members of the jury for their willingness to serve on this panel and for their attentiveness to the evidence presented at trial. We are appreciative of the jury’s efforts in deciding on a fair and just verdict as the Department of Justice continues to work hard to protect our community from the proliferation of guns and other dangerous weapons”, Frazer said. 

            The two-day trial was successfully prosecuted by Assistant Attorneys General Brenda Scales and Michael Motylinski. 

            Sentencing is set for July 16, 2010.

A convicted sex offender from the state of Florida has been arrested in the Virgin Islands on charges of child neglect.

            60 year old Tennessee native Robert Evans is charged with two counts of child neglect for failing to enroll his two minor children, aged 11 and 13, in school upon arrival to the St. Thomas in September, 2009 causing the children to miss the 2009-2010 school year.

            The charges also stem from the deplorable conditions in which Evans, his two minor children and his other 18 year old child were all living. The family occupied a 27 foot sailboat that was docked in the Charlotte Amalie harbor. The sailboat is registered in the Virgin Islands.  

            Evans was convicted of a sex offense in October 1, 1984 in Pinellas County, Florida where he served two years behind bars under the supervision of the Florida Department of Corrections. Subsequent to his release, Evans was arrested in the state of Tennessee on April 16, 1997 for violating the terms of his Florida parole and failing to register, and was extradited back to the state of Florida.

            Pursuant to the Florida Department of Law Enforcement, Evans is required to register on the Florida Sex Offender Registry and to notify the state of Florida on his intent to leave their jurisdiction. According to Florida authorities the state has received no notification of Evans departure from the state.

            Evans last registered his name on the Florida Sex Offender Registry on June 19, 2001 in Monroe County, Florida. The Department of Justice in partnership with the U.S. Marshal is continuing to investigate Evans’ registration requirements in the state of Florida and in the Virgin Islands.

            Thursday’s arrest was a joint initiative between the Department of Justice, Special Investigations Division, Virgin Islands Police Department, U.S. Coast Guard, U.S. Marshal Service and the Virgin Islands Department of Human Services.

            Evans’ minor children are now in the custody of the Department of Human Services.

            Evans will be advised of his rights by a Superior Court Magistrate on Friday June 25, 2010.  

            Attorney General Vincent F. Frazer wishes to advise the general public that the Paternity & Child Support Division (PCSD) office located in Estate Glynn, St. Croix has been temporarily closed until further notice.

            Considerable flooding and subsequent water damage throughout the facility prompted the office to shut down Monday, June 28, 2010 after heavy rains saturated the area over the weekend.

            Employees within the Paternity & Child Support Division, St. Croix office have been granted leave until the facility can be restored to a safe, sanitary and suitable working environment for both employees and the customers they serve. 

            The Attorney General apologizes for any inconvenience and asks the public for its patience and cooperation as PCSD works to assess the damage and carry out any necessary repairs, in addition to safety and sanitation measures, including mold remediation.

            The office is expected to be closed through Wednesday June 30, 2010.

           Attorney General Vincent F. Frazer wishes to advise the general public that the Paternity & Child Support Division (PCSD) office located in Estate Glynn, St. Croix will remain closed for repair through the July 5, 2010 Independence Day holiday.

            The office was shut down Monday, June 28^th 2010, due to considerable flooding and subsequent water damage throughout the facility caused by heavy rains that saturated the area last week.   

            Employees within the Paternity & Child Support Division, St. Croix office have been granted leave until Tuesday July 6^th, 2010 to allow for repairs to the facility so that it may be restored to a safe, sanitary and suitable working environment for both PCSD employees and the customers they serve.

            The Attorney General apologizes for any inconvenience and asks the public for its patience and cooperation as PCSD works to carry out these necessary repairs, in addition to safety and sanitation measures, including mold remediation.

            The PCSD, St. Croix office will re-open on Tuesday July 6, 2010.

          Superior Court Family Division Judge Audrey Thomas signed an Order Thursday July 1, 2010 granting the Government’s request to transfer John Jared Southwell from Juvenile Division to the Criminal Division of Superior Court where he will face charges as an adult for his role in the October 2008 shooting death of Superior Court Judicial Law Clerk, Gabriel L. Lerner.

            The motion for Southwell’s transfer to the Criminal Division was filed by the Department of Justice on November 12, 2008 and was the subject of multiple appeals and various other court proceedings which delayed the transfer until now.

            Southwell, 18, is charged with one count of aiding and abetting Auriel Devon Frett, 23, with first degree murder, felony murder, first degree assault-robbery, and two counts of unauthorized use of a firearm during the commission of a murder.

            Southwell and Frett were arrested on October 28, 2008 following a high speed chase by police after a VIPD officer spotted the pair driving in a maroon colored 2006 Ford Focus registered to Lerner.

            At the time, Lerner, 27, had been reported missing after repeatedly failing to show up for work at the Alexander A Farrelly Justice Center where he served as judicial law clerk to Superior Court Judge Brenda J. Hollar. 

            Shortly after Southwell and Frett were taken into police custody, Lerner’s body was recovered in the area of Fortuna and Bordeaux, St. Thomas. He had been shot once in the head.

            Southwell has been remanded to the Youth Rehabilitation Center pending a detention hearing to be scheduled by the Criminal Division of the Superior Court.

     The Virgin Islands Parole Board held hearings on Thursday June 17, 2010, and Friday June 18, 2010 at the Golden Grove Correctional Facility on the island of St. Croix.  The Parole Board also held a hearing    on Monday June 21, 2010 at the Alva A. Swan Annex on the island of St. Thomas. The results of thosehearings are listed below:

Parole Board Decisions Rendered on June 17, 2010

                                                                OFFENSE(S)                                                        

INMATE(S)                                           COMMITTED                           DECISION(S)

1. RAUL CORNEIRO                           Posssesion of Controlled            DISAPPROVED

           I was deeply saddened and angered Monday to learn of the shooting death of 14 year-old cruise ship passenger, Liz Marie Perez Chapparro from our neighboring territory of Puerto Rico.

            Even more tragic and further incensing is that the crossfire that Chapparro was caught in while seated on a safari taxi in Coki Point, St. Thomas erupted during the funeral service for yet another one of our native sons, 20 year-old Jospeh Ferrari, who was gunned down at the Tutu Park Mall only twelve days prior.    

            My heartfelt condolences go out not only to the Chapparro family, whose vacation and whose lives have been permanently marred by reckless violence, but also to the mourners, whose final prayers and respects for Ferrari were interrupted by the same senseless gun violence that claimed his young life in the first place.

            I also extend my sympathies to the friends and family of yet another victim of Monday’s gun battle, 18 year-old Jahid Joseph.

            Additionally, I mourn for our entire Virgin Islands Community. It is a sad day when community members cannot lay their loved one to rest in peace.

            The Department of Justice looks forward to the capture of the person(s) responsible for Monday’s shooting and stands side by side with the Virgin Islands Police Department in a collaborative effort to bring those persons to justice. In doing so, I reaffirm the Department’s “zero tolerance” policy against the unauthorized possession of a firearms by any person who is not licensed to possess and carry such a firearm.

            Any individual caught with an unlicensed firearm in his or her possession will be prosecuted to the fullest extent of the law. All plea deals will be off the table. Those convicted of such a crime will be subject to the maximum penalty behind bars.

            I caution young men and women who may be home from college for the summer months, who may find themselves in the company or vehicle of someone in possession of an unlicensed firearm. They too may be subject to prosecution and interruption of their college career.

            This “zero tolerance” policy has been instituted in an effort to deter the tendency of residents, especially youth, to settle their disputes with street vengeance, gun violence and retaliatory killing.

            A Department of Justice Victims’ Service coordinator will remain in contact with the Chapparro family as this case is further investigated and subsequently adjudicated. 

Attorney General Vincent F. Frazer has filed a motion with the court seeking a reconsideration of the sentence that Superior Court Judge Micheal C. Dunston handed down Thursday, July 29, 2010 to defendant Jamal J. Wesselhoft.

            Wesselhoft entered a plea of “guilty” to two counts of unauthorized possession of a firearm, one count of possession of a controlled substance with intent to distribute, and one count of reckless endangerment in the first degree.

            The Government made a statement to the court regarding the level of gun violence, illicit drugs and crime plaguing the community and asked the Judge to impose an appropriate sentence upon the defendant without recommending a specific term of incarceration.   

            Judge Dunston sentenced Wesselhoft to two years and six months incarceration with all but ninety-six days suspended, which the Judge then credited with time Wesselhoft had already served while awaiting the adjudication of his case in prison. Judge Dunston also placed Wesselhoft on supervised probation and ordered him to perform 200 hours of community service.

            A motion, filed by The Department of Justice on August 5, 2010, asks the court to reconsider and modify its sentencing provisions in addition to ordering the defendant to pay a mandatory minimum fine of $5,000 for each weapon found in his possession.            

            The Government motion noted, “Pursuant to 14 V.I.C. §2253(a), a defendant facing sentencing for the crime of unauthorized possession of a firearm is subject to mandatory incarceration only if the firearm was possessed during the commission of a crime. However, the mandatory minimum fine of $5,000 for each weapon is not to be suspended or shall not remain un-imposed and therefore must be applied at sentencing. ”

            “While the current law provides Judges with broad discretion to suspend part or all of any sentence for the crime of unauthorized possession of a firearm, I believe Judges should use that discretion in a manner that protects the community, does not shield criminals from deserved punishment, and serves as a deterrent to other criminals. I am disappointed with what I consider to be a rather lenient sentence meted out by the Judge in this case, considering the dangerous nature of the weapons involved and the high rate of gun violence occurring in our community.”

            Attorney General Frazer has promoted a change in the law to set a clear mandatory minimum term of incarceration of one year for anyone found in unauthorized possession of a firearm. 

            Wesselhoft was arrested on January 1, 2010 after a concerned citizen phoned police to report that they saw him carrying an assault rifle in the area of Paul M. Pearson Gardens Housing Community. The officers who arrived on the scene observed a green Honda Element, driven by Wesselhoft, speed out of the housing community and fail to stop at the stop sign. Wesselhoft engaged the officers in a high speed chase before surrendering to police. The arresting officers found a thirty round magazine, an assault rifle, and cocaine inside the vehicle that Wesselhoft was driving. A .40 caliber “Glock” pistol was also found in the waist of his pants.       

             A fifty-five (55) year old St. Thomas man was sentenced Monday, September 13, 2010 to thirty-five (35) years incarceration for the rape of a minor female.

            Superior Court Judge Brenda Hollar ordered Thomas Wayne Hightree to serve thirty-five (35) years in prison with five (5) years suspended.         

            Hightree pled guilty to one count of aggravated rape in the first degree. The charges stem from a series of sexual encounters between Hightree and a minor girl who was under thirteen (13) years of age at the time the incidents occurred.

            Hightree was arrested on November 24, 2009 during the execution of a search warrant on his West Caret Bay home where investigators seized computer hardware, software, computer related documentation, videotapes, photographs and other evidence related to the crime charged.

            The thorough and lengthy joint investigation of this case by the Virgin Islands Police Department and the Special Investigations Division of the Virgin Islands Department of Justice and the strong evidence it produced against the defendant, enabled prosecutors to seek the maximum penalty of fifteen years to life imprisonment.

              Hightree will not be eligible for parole until he is seventy (70) years of age in 2025.

            Upon his release from prison Hightree is required to register his name as a violent sexual offender on the Virgin Islands Sexual Offender Registry maintained by the Virgin Islands Department of Justice.     

          The juvenile suspect charged in the October 2008 murder of a St. Thomas law clerk changed his plea to “guilty” Monday, September 20, 2010.  

            Pursuant to a plea agreement, nineteen year old John Jared Southwell entered a plea of “guilty” to one count of second degree murder and one count of first degree assault-robbery for his role in the execution style slaying of Gabriel L. Lerner, who served as a judicial law clerk to Superior Court Judge Brenda J. Hollar.

            In July of 2010, Southwell was transferred to the Criminal Division of the Superior Court from the Juvenile Division to face the charges as an adult. The transfer, filed by the Department of Justice in November, 2008 was delayed due to multiple appeals and various other court proceedings.   

            Southwell, who was seventeen years old at the time, was initially charged as a juvenile with one count of aiding and abetting twenty-four year old Auriel Devon Frett with first degree murder, felony murder, first degree assault-robbery and two counts of unauthorized use of a firearm.

             Southwell and Frett were arrested on October 28, 2008 following a high speed chase by police. The chase ensued after a VIPD officer spotted the pair driving a maroon colored 2006 Ford Focus registered to Lerner.

            The twenty-seven year old law clerk had been reported missing by his supervisor, Superior Court Judge Brenda J. Hollar, after failing to report to work at the Alexander A. Farrelly Justice Center.

            Lerner’s body was recovered in the area of Estate Bordeaux, St. Thomas shortly after Southwell and Frett were taken into police custody. He had been shot once in the head.

            Southwell’s sentencing has been set for November 15, 2010. He faces a minimum sentence of five years incarceration to a maximum sentence of life behind bars.

            Superior Court Judge Harold Willocks ordered Southwell to be immediately remanded to the Bureau of Corrections to await his sentencing date.

            A St. Croix Department of Planning & Natural Resources (DPNR) Officer has been arrested on charges of theft and embezzlement of Government property.

            Officer Jose Berrios, III was arrested by agents from the V.I. Justice Department Special Investigations Division, St. Croix on Monday September 27, 2010.   

            Berrios is charged with one count each of embezzlement by public and private officers, grand larceny, obtaining money by false pretenses, conversion of government property, and receiving or disposing of a vehicle.

            The charges stem from the illegal sale of a twenty-two foot Boston Whaler marine patrol vessel belonging to the Department of Planning & Natural Resources.

            While on a routine patrol after *Hurricane Earl, DPNR officials spotted the vessel in a private residence in Estate White Bay in Frederiksted, St. Croix.

            An investigation by the Department of Justice Special Investigations Division, St. Croix revealed that the resident owner of the vessel had purchased it from DPNR Officer Jose Berrios in November 2008.

            The investigation further revealed that sometime earlier in 2008, Berrios had approached the resident and stated that the vessel had been designated for auction and promised the resident that if he made Berrios an acceptable offer, he would secure the vessel for him before it was sold to another bidder.

            On November 21, 2008 the resident gave Berrios $1,500 cash in exchange for the vessel and a receipt documenting the payment. However, the receipt was not an official Government receipt.

            To date, no official record or documentation exists to show that Officer Berrios ever turned over any monies to the Government for the sale of the vessel on behalf of DPNR.  

            Superior Court Magistrate Judge Miguel A. Camacho advised Berrios of his rights on Wednesday September 29, 2010. He was released to a third party custodian on an unsecured bond in the amount of $50,000. 

*Hurricane Earl passed to the northeast of St. Croix on Monday August 30, 2010.

            As prosecutors we are bound by a legal and ethical responsibility to refrain from making extra judicial comments regarding any case currently before the court. However, recent public protest and letters received by the Governor’s Office threatening a boycott of visitors to the Virgin Islands in the wake of the prosecution of Federal Bureau of Alcohol, Tobacco Firearms & Explosives Agent, William Clark, has generated a need to set the record straight. 

            My unwillingness to make a public statement that could unfairly impact a jury’s decision in this case or to try this case in the local and national media has left a void that staunch opponents of Clark’s prosecution have filled with faulty claims and harsh rhetoric against the Virgin Islands, its people, and its judicial system.

            These claims are not supported by fact nor established law, but rather biased opinions and blatant disregard for the laws that govern this Territory. It is my duty and that of my staff to assert the rights of the People of the Virgin Islands under these laws and to protect them from those who would violate the law. No one is above the law, including local and/or federal law enforcement officers.  

            Agent William Clark is charged with the September, 2008 shooting death of his neighbor, Marcus Sukow, originally from Missouri.  Like any and all other defendants, Clark is entitled to and will receive a fair trial wherein a jury of his peers will determine his guilt or innocence in this matter. This central tenet of American jurisprudence is the very same right that is granted to defendants in every jurisdiction throughout the United States.

            The decision to proceed with the prosecution of William Clark was a legal decision based on the facts and a thorough investigation conducted by the Virgin Islands Police Department and the Virgin Islands Department of Justice.

·        William Clark shot Marcus Sukow four times in his chest and once in his back resulting in Mr. Sukow’s death. 

·        Marcus Sukow did not inflict bodily harm on anyone that morning before he was shot.

·        William Clark is a Federal ATF Agent who does not have Peace Officer status under Virgin Islands law, and therefore had no authority to enforce local laws including the Domestic Violence statute

·        William Clark acted as a private citizen when he intervened in a domestic dispute between Marcus Sukow and his girlfriend on the morning of September 7, 2008.

·        As a private citizen under Virgin Islands law, Clark is authorized to carry a firearm and to use reasonable force in self-defense and in the defense of others.

·        A Virgin Islands Superior Court Judge, relying on decisions by the U.S. Supreme Court, held that the Supremacy Clause of the United States Constitution does not apply to this case because William Clark was not enforcing federal law in his capacity as an ATF Agent when he fatally shot Marcus Sukow.

·         A Federal District Court Judge has ruled that the Supremacy Clause of the United States Constitution does not apply to this case because William Clark was not enforcing federal law in his capacity as an ATF Agent when he fatally shot Marcus Sukow and therefore, William Clark is to be tried in a local court of the Virgin Islands and not in a federal court of law.

·        On October 13, 2010 the United States Third Circuit Court of Appeals, seated in Pennsylvania, dismissed Clark’s appeal and motion to stay the proceedings against him, wherein Clark claimed he was “acting under color of state office” when he committed the crime at issue.

            This office like the United States Department of Justice, U.S. Attorney’s Office has a duty to prosecute any person when their actions do not comport with the law, whether he or she is a private citizen or a law enforcement officer. A Virgin Islands jury will decide whether Clark’s use of deadly force against Marcus Sukow was in fact, reasonable under the circumstances and under the law.

            The Virgin Islands Criminal Justice System is a fair and just system virtually identical to that of any state or district court in the mainland United States. The defendant is entitled to all of the federal rights and protections provided by the U.S. Constitution, the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. William Clark has received all protections to which he is entitled.

            The persons who criticize the prosecution of this case must also consider the rights of the victim. Mr. Marcus Sukow, who left behind a daughter along with a mother and a father who are all entitled to have a jury determine whether their loved one was wrongfully killed by use of excessive and unreasonable force. To deny them this opportunity, as our critics suggest, would imply that a person’s status as a federal law enforcement officer places them above the law and relieves them of responsibility for their actions.

Attorney General Vincent F. Frazer would like to advise the general public that the Virgin Islands Parole Board will meet on Thursday, October 21, 2010, and Friday, October 22, 2010 at 9:15 a.m. at the Golden Grove Correctional Facility on St. Croix, to consider the applications for parole for the following inmates:

October 21

Inmate Name (s)                                   Offense(s) Committed

Ralph Benjamin                                    Assault 1^st Degree

Swaleh Muiruri                                    Assault 1^st Degree

Kirby Boyd                                         Attempted Robbery

Tomasito Santiago                               Rape 1^st Degree

Sameer Ibrahim                                   Grand Larceny

Aswad Moe                                        Assault 1^st Degree

Mirlene Louis – Jacques                      Assault 3^rd Degree

Daud Henley                                       Grand Larceny

The Parole Board will hold revocation hearings for inmates Jerome Turnbull, Lorne Davis, and Pedro Carrillo.

October 22, 2010

Inmate(s) Names                                  Offense(s) Committed

Victor Gonzales                                   Assault 3^rd Degree

Eugenia Nurnberger                             Embezzlement

Thomas Freeland                                 Murder 2^nd Degree

Hewitt Pereira, Jr.                                Assault 1^st Degree

Maxwell Peters                                    Attempted Robbery

Lionel Woodley                                   Unauthorized Use of a Vehicle

John Alcindor                                      Assault 3^rd Degree

Shandel Hernandez                              Assault 3^rd Degree

Brandele Richards                               Robbery 1^st Degree

Victor Applewaite                               Attempted Murder 1^st Degree

Julio Perez                                           Murder 2^nd Degree

            Anyone interested in providing information to the Board or testifying at the hearing must submit written comments to the Board or advise the Board of his/her desire to appear and testify.

            Written comments or requests to testify should be addressed to:

Mr. Darien L. Wheatley

Parole Board Coordinator

V.I. Department of Justice

34-38 Kronprindsens Gade

GERS Complex, 2^nd Floor

St. Thomas, U.S. Virgin Islands 00802-5712

Tel: 774-5666 x124

Fax: 776-3494

           A warrant was executed Wednesday, October 20, 2010 for the arrest of a Virgin Islands Police Officer who was driving the police vehicle that fatally struck a female pedestrian near the intersection of Veterans Drive and Gasvaerks Gade on St. Thomas.

            Virgin Islands Police Officer Derrick Matthews is charged with one count each of negligent homicide and involuntary manslaughter.

            Venice Carman was crossing Veterans Drive near Emile Griffith Bar Park on April 30, 2010 around 10:30pm when she was struck by a police sport utility vehicle (SUV) driven by Officer Matthews.

            A Department of Justice investigation revealed that Matthew was driving in excess of the posted speed limited while responding to a police dispatch. Matthews failed to exercise due caution while driving through the area, which caused his SUV to strike Carman.

            Following the incident, Carman was transported to the hospital where she died from her injuries.

            Senior Sitting Superior Court Judge Edgar J. Ross dismissed the People of the Virgin Island’s case Thursday against Special Agent William Clark at the conclusion of the People’s case.  Judge Ross dismissed the case on a very fine technicality, by finding that the People did not prove that the body examined and autopsied by the Medical Examiner, Dr. Francisco Landron,   was in fact the body of Marcus Sukow, the man who William Clark shot and killed on the morning of September 7, 2008 outside a Mahogany Run condominium. 

            Attorney General Vincent F. Frazer said, “We respectfully disagree with the Judge’s ruling. We believe the court record will reflect that the People showed a distinct and indisputable connection between the body autopsied by Dr. Francisco Landron and the man who was shot and killed by William Clark.”

            The People made this showing by offering testimony from several eye witnesses along with expert testimony from Dr. Landron. Additionally, the People offered an autopsy report and death certificate that was stipulated to by defense counsel and admitted into evidence by Judge Ross. The death certified, a public record, established that on September 7, 2008 at about 10:30 am at Mahogany Run Condominium Complex on St. Thomas an individual by the name of Marcus Sukow died of multiple gunshot wounds to the body

            Moreover, the People submitted Virgin Islands case law in support of the People’s position that a medical examiner’s report is not necessary to establish cause of death and that the cause of death may be established by the circumstances surrounding the death itself.

            “Judge Ross excluded the pertinent documents from evidence, thereby paving the way for the dismissal, a ruling that we would characterize as unprecedented on this issue,” Frazer said.

            “While the Department of Justice does not have a vested interest in any particular outcome, other than to seek justice, we consider the outcome of this case to be very disappointing. We stand by the position that the outcome of this case should have been decided by a jury of Virgin Islands residents, not by a single judge,” Frazer said. 

            The Department of Justice is exploring all options for its next course of action, including an appeal of Judge Ross’s decision.

            Attorney General Vincent F. Frazer extended his gratitude to those who worked on the case. “I thank the Virgin Islands Police Detectives who performed a job well done in the investigation of this case, especially Cpl. Mario Stout, the assigned case agent. I also thank the prosecutors who worked on this case. It was truly a team effort,” Frazer said.

            Frazer added, “The Virgin Islands Department of Justice has received much criticism from friends and associates of William Clark for choosing to proceed to trial. The case against Clark was filed after a complete review of the facts by experienced prosecutors and the decision to charge the defendant was made pursuant to Virgin Islands law.”

           A St. Thomas man charged with fatally shooting his girlfriend in February 2010 entered a plea of “guilty” on Monday January 10, 2011.

            Twenty-eight year old Sidone N. Lake pled guilty to the second degree murder of his girlfriend, Ms. Kalelia Vanterpool.

            The shooting occurred on February 18, 2010 inside an apartment where the couple lived in the Oswald Harris Court Housing Community on St. Thomas.

            An autopsy of Ms. Vanterpool’s body, performed by the Medical Examiner, and a thorough investigation of the crime scene, conducted by the Virgin Islands Police Department and an expert in crime scene reconstruction from the Florida Department of Law Enforcement, revealed that Ms. Vanterpool died of a gunshot wound to the head that was inflicted by another person.

            Mr. Lake and Ms. Vanterpool were the only persons present in the apartment on the morning that Ms. Vanterpool was fatally shot.

            Mr. Lake faces a minimum sentence of imprisonment of not less than five years, and a maximum sentence of imprisonment for life.

            Attorney General Vincent F. Frazer attributes the successful resolution of this case to the diligent work of the police investigators and Assistant Attorneys General assigned to this matter.

             A Superior Court Judge sentenced a St. Thomas man Wednesday January 12, 2011 to fifteen years of incarceration for a June 2010 assault on another man.

            Superior Court Judge Michaeal C. Dunston sentenced twenty-three year old Steve D. Tyson to a total of fifteen years incarceration for his December 6, 2010 jury conviction on charges of third degree assault, unauthorized use of a firearm during the commission of a third degree assault, and discharging a firearm.

            Virgin Islands Police arrested Mr. Tyson on August 26, 2010 for an incident that occurred on June 30, 2010 in the area of Frydendhal, St. Thomas.

On that day, Mr. Tyson and another man engaged in a verbal altercation that resulted in Tyson firing a number of shots outside the man’s residence.

            Mr. Tyson is also facing charges of first degree murder, possession of an unlicensed firearm, possession of a dangerous weapon during the commission of a first degree assault, third degree assault, and reckless endangerment.

The charges stem from his alleged involvement in the July 12, 2010 Coki Point, St. Thomas shooting that resulted in the deaths of eighteen year-old Shaleel Joseph of St. Thomas and fourteen year-old cruise ship passenger, Liz Marie Perez Chaparro of Puerto Rico.

A male cruise ship passenger from Australia was also treated for a graze gunshot wound that he sustained during the shooting incident.

Attorney General Vincent F. Frazer thanks the citizens who cooperated with police, investigating officers and the Assistant Attorneys General assigned to this case by providing them with the critical information necessary to not only arrest and successfully prosecute Mr. Tyson but also to render justice for the victim.

            A jury found a St. Thomas man “guilty” Friday January 14, 2010 of assault on an elderly woman.

            Thirty-seven year-old Clifton Fahie, Jr. stands convicted of one count each of false imprisonment and kidnapping, second degree burglary, and simple assault.

            On March 22, 2010 Mr. Fahie unlawfully entered the woman’s Anna Retreat home, forced her into the bathroom, prevented her from leaving, and assaulted her.

            During the attack, the woman bit Mr. Fahie’s lip. The injury produced a significant amount of Mr. Fahie’s blood that was left behind at the crime scene.

            Prosecutors were able to prove, through the use of DNA evidence, that Mr. Fahie was the perpetrator.

             Mr. Fahie faces a sentence of not less than one year and not more than twenty years incarceration for his conviction on the charge of false imprisonment and kidnapping and a maximum of fifteen years incarceration for his conviction on the charge of second degree burglary. Fahie also faces a maximum of six months incarceration for his conviction on the charge of simple assault.

            The case was successfully tried by Assistant Attorneys General Judy Gomez and Brenda Scales.  

           A jury found a St. Thomas man “guilty” Friday, January 21, 2011 of possessing a stolen vehicle.

            Forty-nine year old, Elvis David stands convicted of one count of possessing stolen property.

            In December 2009, a 2007 white, four-door, Jeep Liberty Sport Utility Vehicle (SUV) registered to local security company, Ranger American of the V.I., was reported stolen from Vitraco Park Mall.

An investigation revealed that at the request of an unknown male the vehicle had been towed from Vitraco Park Mall to Metro Motors; however the vehicle could not be located at Metro Motors at that time. 

In April 2010, police received a report of a “suspicious” vehicle parked outside a residential property in the area of Mandhal, St. Thomas. The physical description of the vehicle and the vehicle identification number matched the one reported stolen by Ranger American of the V.I., however the license plate attached to the vehicle did not. 

A V.I. Bureau of Motor Vehicle records check revealed that the license plate number attached to the

SUV belonged instead to a 1991 blue Ford F-150 pick-up truck that has been abandoned by its owner two years prior.  

A witness testified during trial that Elvis David sold him an engine from a white, four-door Jeep Liberty Sport Utility Vehicle.

The vehicle found parked outside the residential property in the area of Mandhal, St. Thomas was missing its engine.

Mr. David faces a sentence of up to ten years incarceration based on the conviction.  

            A jury found two St. John men “guilty” of beating and robbing another man.

            Twenty year-old Jah-wada A.H. Jones and twenty-one year-old Lawrence Powell, Jr. each stand convicted of assault in the first degree and grand larceny.

            Mr. Jones and Mr. Powell aided one another in punching and kicking the male victim while forcefully removing his belongings from his pockets.

            The incident occurred on April 12, 2009 in the area of Cruz Bay, St. John.

The victim was robbed of about three thousand dollars cash ($3,000), a bank card, a smart phone and other miscellaneous items. The victim was also treated for a fractured eye socket and other minor injuries.

The penalty for a conviction of assault in the first degree is a maximum sentence of fifteen (15) years incarceration.

           A jury convicted a St. Thomas man Wednesday February 9, 2011 of first degree robbery and associated weapons charges.

            Twenty-nine year-old Jean C. Connor stands convicted of one count of first degree robbery, using a dangerous weapon during the commission of a first degree robbery, grand larceny, and using a dangerous weapon during the commission of a grand larceny.

            On September 28, 2010 at about noon, Mr. Connor forcibly entered the Hospital Ground area residence of another male without his permission, took the resident’s laptop computer from him and fled the area.

            When the resident began chasing him in an attempt to retrieve his computer, Mr. Connor lifted his shirt to brandish a handgun that was tucked into the waistband of his pants.

            The resident surrendered upon seeing the weapon and Mr. Connor continued to flee the area with the resident’s laptop computer.