A federal judge Tuesday sentenced former V.I. Police Commissioner Ray Martinez to 120 months in prison for his part in a kickback scheme involving a convicted felon-turned cybersecurity contractor, federal assistance funds and an attempted cover-up.
Tuesday’s hearing at the federal courthouse on St. Thomas was the first of three high-profile sentencings slated for this week. A sentencing hearing for Martinez’s codefendant, former V.I. Management and Budget Director Jenifer O’Neal, is scheduled for Thursday. David Whitaker, the contractor who became an informant and cooperating witness against multiple high-ranking government officials and who later pleaded guilty to wire fraud and bribery, is set to be sentenced Wednesday.
A jury in December found Martinez and O’Neal guilty of honest services wire fraud, bribery concerning federally funded programs and money laundering conspiracy after prosecutors showed how Whitaker traded expensive gifts so that Martinez would approve invoices for work performed by Whitaker’s company, Mon Ethos Pro Support. After helping Whitaker secure a nearly $1.5 million VIPD contract funded through the federal American Rescue Plan Act, the trio contrived to inflate invoices and use the proceeds to fund Martinez and O’Neal’s respective side businesses, Don Felito’s Cookshop and Java Grande.
The 10-year sentence handed down by U.S. District Court Judge Mark Kearney Tuesday was longer than the 60-72 months sought by Martinez and his attorneys but well below the 292-365-month range outlined by federal sentencing guidelines. Alexandre Dempsey, a trial attorney for the U.S. Justice Department’s Public Integrity Section, said Tuesday that 292 months — more than 24 years — was the ceiling for the government’s recommendation but that an “extreme period of incarceration” was warranted.
“He wanted a golden parachute,” Dempsey said, adding that Martinez tried to protect the restaurant by transferring his ownership interest to family members shortly after his conviction. “He tried to steal this money or keep it from going back to the people of the Virgin Islands.”
Multiple people who spoke on Martinez’s behalf Tuesday described a dedicated law enforcement officer, community leader and role model who made the mistake of keeping bad company. Martinez’s wife, V.I. Police Lieutenant Diana Martinez, withdrew her character testimony after Kearney said he was concerned about the restaurant transfer and a lack of transparency about the family’s finances. Martinez himself addressed the court for 45 minutes, during which he asked for leniency and apologized directly to his supporters, his former VIPD colleagues and his family. He lamented that his actions cast law enforcement in a bad light and talked about the family milestones he’ll miss while incarcerated. Upon his release, he told Kearney that he wishes to work with the American Civil Liberties Union and do outreach work.
Kearney said Martinez’s history of public service, age, documented health issues and low likelihood of recidivism factored into his decision to grant the defendant’s request for a shorter sentence than the one outlined by federal guidelines. However, he said, recorded conversations played for jurors at trial clearly demonstrated that Martinez was aware of the scheme’s criminal nature. That awareness extended to Martinez’s attempts to obstruct justice in ways that “only a police commissioner would know,” Kearney said.
Martinez’s incarceration will be followed by three years of supervised release. He was also ordered to forfeit $127,000 — the approximate value of the gifts he received from Whitaker — and pay more than $77,000 in restitution as well as a $5,000 fine and $900 special assessment fee.
