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Prosecutors Seek Up to 30 Years’ Incarceration for Martinez, Seven for O’Neal

In memoranda filed in U.S. District Court Tuesday, federal prosecutors asked a judge to sentence former V.I. Police Commissioner Ray Martinez to up to 30 years in prison and former Management and Budget Director Jenifer O’Neal to seven years following their conviction on charges of wire fraud, bribery and money laundering conspiracy. Martinez was also found guilty of obstructing justice.
Martinez’s sentencing is scheduled for June 9 and O’Neal’s is slated for June 11. On June 10, a judge will also sentence David Whitaker, a convicted felon and former cybersecurity contractor who became a cooperating witness in the government’s case against Martinez and O’Neal as well as the case against former Sports, Parks and Recreation Commissioner Calvert White and businessman Benjamin Hendricks.
Prosecutors first brought charges against Martinez and O’Neal last January. They accused Martinez of helping Whitaker secure a nearly $1.5 million VIPD contract funded through the American Rescue Plan Act. After the contract was awarded to Whitaker’s company, Mon Ethos Pro Support, he inflated multiple invoices for Martinez and O’Neal to authorize in exchange for things like kitchen equipment for Martinez’s restaurant — Don Felito’s Cookshop — tuition payment for his kids’ private school and a security deposit for O’Neal’s coffee shop, Java Grande.
The government’s sentencing recommendations came just days after U.S. District Court Judge Mark Kearney denied the pair’s requests for new trials. In a May 28 memorandum, Kearney said evidence shown at trial “overwhelmingly confirmed the officials’ disregard for the rule of law.”
On Tuesday, U.S. Justice Department trial attorney Alexandre Dempsey and Assistant U.S. Attorney Cherrisse Amaro wrote that Martinez should be sentenced to 292-365 months followed by three years of supervised release and pay a $250,000 fine.
“To abuse his cabinet position to benefit himself, Martinez cynically chose service to himself over service to his community,” they wrote. “In addition to its brazenness, the scheme damaged and undermined the government’s procurement integrity. Other companies who believed that they were competing on a level playing field — and citizens who thought that their public officials were maximizing their taxpayer dollars — both realize now that they have been deceived and cheated.”
Prosecutors added that after being confronted by the Federal Bureau of Investigation, Martinez reacted by attempting to destroy records and forge documents.
“The public was entitled to receive the defendant’s honest and faithful services, and it is evident that they received far less,” they wrote. “The defendant’s betrayal of his duty to the people of the Virgin Islands is a serious offense. He must be held accountable, particularly given his willingness to involve and direct others as part of his scheme and attempt to obstruct justice after the fact.”
Martinez, who is represented by attorneys Miguel Oppenheimer and Juan Matos de Juan, challenged the government’s sentencing calculus and asked Kearney for a five or six-year sentence. Oppenheimer and Matos de Juan said their own sentencing memorandum was “not primarily” about the arithmetic of sentencing guidelines.
“It is about Ray Martinez the person: a 57-year-old first-time offender who devoted more than three decades of his life to the people of the United States Virgin Islands as an Army soldier, an aircraft rescue firefighter, a labor relations officer, an internal affairs director, an intelligence director, and ultimately the Commissioner of the Virgin Islands Police Department,” they wrote. “He is a father, a husband, a son, and a neighbor who, even as the most senior law enforcement officer in the territory, continued to work the streets, respond to crime scenes, and feed the hungry.”
The attorneys also noted Martinez’s health. In 2023, Martinez underwent brain surgery in Boston. At trial, prosecutors showed jurors how Whitaker financed Martinez’s trips by paying for first-class airfare, stays at a lavish luxury resort and even a $1,082 dinner at an upscale steakhouse.
“The individual before this Court is someone whose life, before this case, was defined by service to others,” Oppenheimer and Matos de Juan wrote. “A sentence of 60 to 72 months constitutes serious, real punishment that accounts for the gravity of the offense without consigning a man of his age, health, and history to what would effectively be a death sentence inside the Bureau of Prisons.”
For O’Neal, prosecutors requested 84 months in prison followed by three years of supervised release and a $100,000 fine. A sentencing memorandum submitted by Dempsey and Amaro noted that O’Neal is “highly educated, professionally accomplished, and deeply experienced in government administration and finance” and that she earned a six-figure salary while occupying one of the most powerful positions in the Virgin Islands Government.
“She was not struggling for survival. She was not acting out of desperation. She was not manipulated into participating in conduct that she did not understand,” they argued, adding that O’Neal’s background is significant “because it demonstrates that she fully understood both the mechanics and the unlawfulness of the scheme.”
O’Neal had yet to file her own sentencing request by Tuesday evening.
Third Circuit Affirms District Court Order Striking Death Penalty in Dangleben Case
In a precedential opinion, the Third Circuit Court of Appeals has affirmed a V.I. District Court order striking the death penalty in the murder case of Richardson Dangleben Jr., who is accused in the 2023 shooting death of V.I. Police Detective Delberth Phipps Jr.
The 28-page opinion, handed down Monday and authored by Circuit Judge Thomas Hardiman, found that the issue was not, “as the Government frames it, ‘whether to seek the death penalty’ falls within the purview of the Executive Branch; it does. … Instead, the issue is whether courts have the right to manage their cases; they do.”
The U.S. Attorney’s Office was correct that it retains “discretion to evaluate the appropriate charges based on known facts,” even in a jurisdiction that has abolished the death penalty, Hardiman wrote, but “it is equally true that the Government cannot usurp the Court’s case-management function. On the facts of this case, the District Court did not abuse its discretion when it struck the Government’s very belated (and contradictory) notice to seek the death penalty.”
A grand jury returned a 13-count indictment against Dangleben, 54, in October 2023, charging him with first-degree murder and other violations of federal and territorial laws in connection with the shooting death of Phipps, 42, on July 4 that year, and the assault of another officer who also responded to the 911 call concerning a man with a gun in Hospital Ground on St. Thomas. He has pleaded not guilty.
While the U.S. Attorney’s Office said in February 2024 that it would not seek the death penalty, it reversed course in May 2025 after an executive order from President Donald Trump lifting former President Joe Biden’s moratorium on federal executions. Dangleben’s attorney, federal Public Defender Matthew Campbell, filed a motion opposing the about-face and after briefing by both sides, V.I. District Court Chief Judge Robert Molloy struck the government’s notice from the record last August, ruling that the case would proceed as a noncapital case.
In a memorandum opinion Sept. 15 explaining his decision, Molloy listed a number of concerns regarding the timing of the USA’s death notice so late in the process, including that it was not based on new information that wasn’t previously available to the government; it was filed 459 days after the original “no-seek” notice of Feb. 7, 2024; 22 months after Dangleben’s initial arrest; 19 months after the first indictment; and less than five months before trial.
“Even if the Government now seeks relief from the deadline, it has waived or forfeited any right it had or may have had to such relief,” he wrote.
Moreover, the “preparation for a death-penalty case is dramatically different in approach and scope from a non-death penalty case. Clearly, the Government’s Death Notice, if allowed to stand, would require Defendant ‘to substantially alter his yearslong preparations for trial,’” Molloy said.
With the trial date just three weeks away, the DOJ appealed Molloy’s order to the Third Circuit the same day he issued his opinion, essentially halting further District Court proceedings. Oral argument was held Dec. 9 before a three-judge panel.
In its opinion Monday, the appellate court largely agreed with Molloy on the death penalty ruling but reversed and remanded his order dismissing Counts 2 and 3 of the superseding indictment — discharge of a firearm in furtherance of a crime of violence — and Count 1, use of a firearm during a crime of violence resulting in death, with instructions to reinstate those charges.
Campbell had argued that they failed to state an offense under the United States Code because the predicate offenses upon which the charges are based are local territorial offenses, and Molloy agreed.
“Dangleben argues that even if the plain language of the statute can be read to allow local offenses to serve as predicate offenses under Section 924(c), such an interpretation would lead to the absurd result of Virgin Islands defendants being able to be prosecuted under a version of a federal offense not available in any other federal court,” Molloy wrote in his Sept. 15 opinion. “Consequently, Virgin Islands defendants would be subjected to harsher punishment under a version of Section 924(c) that could not be applied anywhere else in the United States. The Court agrees,” said Molloy.
However, the appellate court found that such offenses can qualify as predicate “crimes of violence” under 18 U.S.C. § 924(c)(1)(A), which punishes firearm use during violent crimes prosecuted in a “court of the United States,” because the District Court of the Virgin Islands is legally considered such.
“For starters, territories are not states. Congress has plenary power over the territories, so some differential treatment between the two is to be expected,” according to the opinion. “‘[A]s a United States territory, the U.S. Virgin Islands does not have independent sovereignty but derives such powers as its [G]overnment possesses directly from congressional grant under article IV, section 3 of the federal Constitution.’ Given that backdrop, there is nothing absurd about allowing § 924(c) charges to be premised on Virgin Islands territorial crimes of violence that already may be prosecuted in the District of the Virgin Islands, a federal court,” it said.
“One ‘conceivable justification’ for this result … is that Congress wanted to deter and punish the violent use of firearms in the Virgin Islands by extending the enhanced punishments in § 924(c) and § 924(j) to all offenses over which the District of the Virgin Islands has jurisdiction — territorial and federal,” Hardiman wrote.
Molloy canceled Dangleben’s Oct. 6 trial date after the U.S. Attorney’s Office filed its notice of appeal last September and a new trial date has not been set. Both sides may still seek a review of the appellate court’s decision by filing a petition for a rehearing within 14 days after entry of the judgment.
Dangleben remains in pretrial detention at the Guaynabo Metropolitan Detention Center in Puerto Rico. He also faces first-degree murder charges in V.I. Superior Court in the shooting death of Keith Jennings on Feb. 24, 2023, also in the Hospital Ground area, for which he was free on bail when Phipps was shot and killed. That case was set for trial last October but proceedings were canceled due to the ongoing federal case.
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