The U.S. Virgin Islands supply among the world’s finest seashores, resembling Magens Bay and Coki Seaside, the place you possibly can swim with sea turtles in case you’re fortunate. There may be parasailing, kayaking, procuring and gobs of tropical foods and drinks. For probably the most half, the vacationer areas are comparatively secure, not less than throughout the day. The Virgin Islands Police Division tries to verify of that.
Most Individuals spend only some hours within the Virgin Islands after their cruise ship docks close to Havensight Mall and lets them off proper subsequent to low-cost duty-free retailers. Fact is, they’re fortunate they will depart,
Residents and longtime guests face an unbelievably excessive quantity of violent crime. The truth is, the USVI has constantly maintained one of many worst violent crime charges on this planet.
Sadly, the Virgin Islands Police Division has completed nothing to cease the a whole bunch of shootings and killings that happen every year, as a result of the VIPD is busy capturing and killing people themselves.
In March 2003, I used to be an investigative reporter on the Virgin Islands Day by day Information. I wrote “Lethal Power–A Particular Investigative Report,” which was 44-pages lengthy and examined the Virgin Islands Police Division’s officer-involved shootings from January 1985 to December 2003.
It discovered:
Within the 85 capturing incidents reviewed, 65 of the victims had been unarmed.
The 85 police shootings resulted within the deaths of 28 individuals.
Solely 17 of the individuals who had been shot by police and survived had been charged.
VIPD data unit lacked details about concerned officers, victims and the outcomes of any investigation into the shootings.
VIPD employed an outdated use of pressure coverage that included unlawful steering indicating that lethal pressure could possibly be used to guard property.
In not less than six instances VIPD officers shot at shifting automobiles.
One capturing occurred whereas the officer was off obligation and drunk in a bar. He was cleared.
The Justice Division preferred the particular report, but it surely didn’t just like the findings in any respect.
“The report included descriptions of 77 instances through which both officers had allegedly pointed or fired their weapons underneath questionable circumstances or the case recordsdata associated to the capturing incidents contained little or no info reflecting that any investigation of the usage of pressure was carried out. The report additionally summarized 20 instances through which VIPD officers, typically off-duty on the occasions of the incidents, brandished or fired weapons throughout private arguments or fights,” the DOJ stated in a press launch. “The disturbing and unflattering portrait offered by the ‘Lethal Power’ report was one in every of a police division whose officers had been poorly educated, too fast to make use of firearms, and immune from severe penalties for improper and in some instances unlawful makes use of of lethal pressure. The article known as for varied actions to be taken in response to its findings, together with an investigation by the Particular Litigation Part of DOJ’s Civil Rights Division.”
The DOJ despatched its Particular Litigation Part to research. The Particular Litigation Part, which has by no means misplaced a case, confirmed every little thing we had discovered, and extra.
Finally, the DOJ and the VIPD signed a consent decree a couple of years after the particular report was printed. It blasted Virgin Islands cops for his or her “use of pressure, automobile pursuits, holding cells, misconduct investigations, self-discipline, supervisory oversight, and coaching.”
It takes most American police departments between 5 to seven years to repair every little thing discovered improper by federal investigators.
Nevertheless, at present—greater than 22 years after the primary story was printed—the VIPD nonetheless stays underneath shut federal supervision, as a result of they haven’t made sufficient adjustments to a collection of consent decrees that might finish the civil case.
The case itself has 1000’s of courtroom entries—it’s greater than 20 years previous, in any case.
Regardless of the VI’s unimaginable crime charges, private firearms are in opposition to the regulation.
Until you’re a gangster or one of many territory’s dozens of unicameral senators, or a senator’s partner or youngster, getting caught with a firearm nearly all the time results in jail.
The U.S. Virgin Islands has the worst gun legal guidelines of any state or territory underneath the American flag.
“Possessing or carrying an unlicensed firearm is an offense subjecting a person to a time period of imprisonment of not lower than ten years, and/or a high quality not lower than $10,000 nor greater than $15,000,” the lawsuit states.
A brand new federal lawsuit
On Tuesday, Harmeet Ok. Dhillon, the Assistant Legal professional Normal for Civil Rights on the U.S. Division of Justice, introduced a brand new lawsuit in opposition to the federal government of the U.S. Virgin Islands, the VIPD and Mario Brooks, police commissioner of the territory.
The lawsuit is damning.
It alleges that the federal government prompted “unreasonable delays and circumstances on lawful gun house owners’ rights create an unconstitutional allowing course of in violation of the Second Modification. Quite a few candidates complained that VIPD is unreasonably delaying their gun allow utility choices and added unreasonable circumstances, together with bolted-in gun safes, previous to issuing gun licenses. Lastly, VIPD continues to implement a correct trigger regulation almost equivalent to the regulation that the U.S. Supreme Court docket beforehand struck down in one other case years in the past.”
“This Civil Rights Division will shield the Second Modification rights of law-abiding residents,” Dhillon stated within the press launch. “The newly-established Second Modification Part filed this lawsuit to deliver the Virgin Islands Police Division again into authorized compliance by guaranteeing that candidates obtain well timed choices with out unconstitutional obstruction.”
Adam Sleeper, U.S. Legal professional for the District of the U.S. Virgin Islands, strongly agreed along with her.
“The territory’s firearms licensing legal guidelines and practices are inconsistent with the Second Modification,” Sleeper wrote. “This lawsuit seeks to uphold the rights of law-abiding residents to bear arms within the U.S. Virgin Islands.”
The pair requested Virgin Islanders who had been involved that their Second Modification proper had been violated to submit a criticism by way of justice.gov/crt/second-amendment-section
In keeping with the criticism, the “Second and the Fourteenth Amendments shield the appropriate of law-abiding residents to own a handgun at residence and to hold one exterior the house for lawful functions resembling self-defense.”
Nevertheless, regardless of the U.S. Supreme Court docket’s “unequivocal and repeated endorsement of a person proper to maintain and bear arms,” the “VI Defendants have continued to hinder and systematically deny law-abiding Americans this elementary proper by systematically delaying the processing of functions and imposing unconstitutional circumstances on the train of this constitutional proper.”
At fault for nullifying the Second Modification are the USVI, the VIPD and Police Commissioner Brooks, the lawsuit states.
The criticism describes the prolonged and costly course of used to acquire a allow to own a firearm within the Virgin Islands that included a number of unannounced residence visits by VIPD, which the criticism refers to as “intrusive and warrantless residence searches.”
“They demand that candidates unnecessarily spend cash to put in a secure and additional require the secure to be bolted both to the ground or wall of applicant’s residence as a situation of granting a allow, regardless that in Heller, the Supreme Court docket held {that a} related requirement is unconstitutional,” the criticism states.
The lawsuit factors out that even these residents who had been keen to adjust to all the unconstitutional calls for complained of delays attributable to all the police visits and paperwork.
“This case issues a coordinated effort by all three VI Defendants to nullify by way of unconstitutional, bureaucratic obstacles a proper that the Supreme Court docket of america has repeatedly acknowledged,” the criticism states. “The USA brings this motion underneath the Violent Crime Management and Legislation Enforcement Act of 1994 to revive the Second Modification rights of law-abiding residents.”
Along with the house inspections, the VIPD required anybody in search of a firearm allow to submit “character vouchers,” which describe the applicant as “a match and correct particular person to have a firearm.”
Additional, the VIPD can deny extra firearm license functions if it determines the applicant has “too many” weapons.
If an applicant desires to really carry a hid firearm, they need to produce extra witnesses, however the police commissioner can nonetheless decide whether or not the applicant has a “good cause” or “correct cause” to hold a hid weapon.
Weapons galore
Unhealthy guys within the U.S. Virgin Islands are a well-armed bunch, and their weapons come from everywhere in the world.
I’ve personally seen full-auto AKs, M-16s, STENs, a number of kinds of Uzis, MAC-10s, M1 Carbines, handguns galore, shotguns with crudely sawed-off barrels, and even a dwell Mk 2 “Pineapple” grenade, which needed to be not less than 60 years previous.
The unhealthy guys carry their arms on daily basis. They don’t concern the police. VIPD is aware of precisely who they’re—it’s a small territory—and leaves them alone.
Organized crime within the territory is run by a gaggle often known as “The Fee,” which is headquartered on St. Croix, and their members are virtually immune from prosecution.
Nevertheless, if a non-gang member or a vacationer is caught with a firearm, they’re taking a look at years in jail.
How will VIPD reply?
Formally, not less than, Authorities Home stated they’re conscious of the DOJ’s Second Modification criticism and that it’s underneath evaluation.
“As a result of this matter is pending litigation, we won’t remark additional at the moment,” they stated in an announcement this week.
Nevertheless, if you wish to guess how VIPD will reply to the brand new DOJ criticism, take a look at how they responded to the previous one. The VI authorities ignored it, for probably the most half, for greater than 20 years. They nonetheless are.
The Virgin Islands are probably the most stunning locations underneath the U.S. Flag, however violent crime has lengthy been an enormous downside and a severe concern.
The one large distinction at present is Assistant Legal professional Normal Dhillon and her new Second Modification group. This lawsuit is their first official motion, so in fact they need to win. They’re underneath stress, however the outcomes shall be definitely worth the combat.
It’s excessive time for all VI residents and guests to have actual Second Modification rights.
This story is offered by the Second Modification Basis’s Investigative Journalism Challenge and wouldn’t be potential with out you. Please click on right here to make a tax-deductible donation to help extra pro-gun tales like this.
About Lee Williams
Lee Williams, who’s often known as “The Gun Author,” is the chief editor of the Second Modification Basis’s Investigative Journalism Challenge. Till just lately, he was additionally an editor for a every day newspaper in Florida. Earlier than changing into an editor, Lee was an investigative reporter at newspapers in three states and a U.S. Territory. Earlier than changing into a journalist, he labored as a police officer. Earlier than changing into a cop, Lee served within the Military. He’s earned greater than a dozen nationwide journalism awards as a reporter, and three medals of valor as a cop. Lee is an avid tactical shooter.
