

















The V.I. Justice Department has until noon Wednesday to respond to an emergency motion to dismiss, or at least expedite, its appeal of a V.I. District Court order striking the government’s bid to seek the death penalty in the murder case of Richardson Dangleben Jr., the clerk of the Third Circuit Court of Appeals has ruled.
Clerk Patricia S. Dodszuweit has also advised that the case has been listed for possible dismissal “due to jurisdictional defect.”
Jury selection for Dangleben, charged with murder and other crimes in the July 2023 shooting death of V.I. Police Detective Delberth Phipps Jr. on St. Thomas, is set to begin in less than three weeks, on Oct. 6.
The government stated in February 2024 that it would not seek the death penalty but abruptly changed course in May after the Trump administration issued an executive order saying it would review all decisions not to seek capital punishment in eligible cases charged during the Biden administration, which did not support the death penalty.
After briefing on the issue by both sides, District Court Chief Judge Robert Molloy in August struck the government’s notice of intent to seek the death penalty, citing a number of concerns, including the fact that the DOJ’s request was not based on new information not previously available to the government, it came more than a year after the initial “no-seek” decision, was filed 22 months after Dangleben’s initial arrest, 19 months after his first indictment, and less than five months before trial.
With the trial now less than three weeks away, the DOJ filed notice Sept. 15 that it intends to appeal Molloy’s order to the Third Circuit. Public Defender Matthew Campbell, who is representing Dangleben, filed an emergency motion Friday asking that the appeal be dismissed or at least expedited.
“This Court should dismiss the appeal for lack of jurisdiction. The Court immediately recognized, sua sponte, that jurisdiction may not lie for this appeal. It does not. It is a bedrock rule of federal law that the courts of appeals lack jurisdiction over a governmental appeal in a criminal case except in circumstances explicitly authorized by Congress. None of those circumstances applies here. The Government pretends otherwise, invoking 18 U.S.C. § 3731, which authorizes certain specified interlocutory appeals. But that statute does not authorize an appeal from an order striking a death-penalty notice,” according to Campbell’s emergency motion.
Barring that, the court “can at least mitigate the harm by providing expedited consideration of this motion to dismiss and/or expedite the appeal, and by promptly considering and disposing of the Government’s meritless appeal, so that the trial can proceed on its current schedule if Mr. Dangleben prevails on either jurisdictional or merits grounds,” Campbell wrote.
He noted that Molloy’s order is also “consistent with the decisions of every other district court to have ruled on this issue to date, nationwide,” as they too have faced 11th-hour reversals of no-seek notices by the government since President Donald Trump took office.
“Moreover, the Government has foregone an appeal in every one of those other cases, which suggests that it is aware of the weakness of its position,” said Campbell.
Additionally, the government’s “belated attempt to file a Death Notice and now to appeal its striking threatens to delay the trial that the district court had announced and both sides understood is scheduled to commence in just three weeks, on October 6. The district court has explained that it would not be inclined to ‘grant a continuance because delaying this trial solely to accommodate the government’s flip-flopping would implicate the Defendant[’s] constitutional speedy trial rights,’” the motion states.
The resulting delay of an appeal “will not only implicate Mr. Dangleben’s speedy trial rights, it will also exacerbate his psychological anguish because of the uncertainty surrounding the potential punishment” should he be convicted, Campbell wrote.





The last of four defendants charged in connection with the December 2021 armed robbery at the Havensight Shopping Mall pleaded guilty in Superior Court. Defendant Jahmar Damian Lewis reversed a prior decision to reject a plea deal late Friday afternoon, with jury selection for his criminal trial set to begin on Monday morning.
Lewis was one of three people identified as part of a robbery team that entered Glitters Jewelry Store on Dec. 4, 2021. Two people were shot and wounded during the heist that netted an estimated $18,000 in merchandise. Gregoriana Julien — a customer in the store — later died of her injuries at the Roy L. Schneider Hospital.
A security guard on duty at the store suffered disabling injuries, according to investigators.
Had the case gone to trial, the defendant was facing 44 counts, including murder, robbery, assault, grand larceny, reckless endangerment, and multiple weapons offenses. Instead, on Friday before Superior Court Judge Carol Thomas Jacobs, Lewis admitted guilt to a single count of first-degree robbery.
Court documents filed after the hearing said the statute covering first-degree robbery was read aloud in the courtroom, followed by recital of a proffer statement by prosecutors. The proffer described the evidence the government planned to present at trial to prove the defendant’s guilt.
“ … The Court asked the People to give a Proffer to the Court of the evidence which would be offered to the Court or to the Jury had this matter proceeded to trial. The Defendant thereafter agreed with the People’s proffer,” a record of the proceedings said.
The judge accepted the plea and scheduled sentencing for Oct. 16, the same day when co-defendants Michiah Cozier, Akenda Weekes, and Junior Garcia are scheduled to hear their respective punishments.
Under the V.I. Code, Lewis faces a maximum sentence of 20 to 30 years in prison.

I enjoy having hermit crabs in the yard. They are cute and fun, and come by to snack on leftover cat food.

Cats may not be so happy to see these intruders. But even if they catch the snackers red-handed, they can’t do much damage to a hermit crab drawn up inside its shell.

Though hermit crabs can hide inside their shells, their legs and claws usually stick out some. As they grow larger, their legs and claws hang out further, and they have to start searching for a bigger one.
Recently I started to wonder why, after over 150 million years, hermit crabs are still scrounging around for discarded mollusk shells to cover their butts.
Caribbean hermit crabs, or soldier crabs, (Coenobita clypeatus) commonly use cast-offs from West Indian Top Shells (Cittarium pica), otherwise known as whelks or wilks.

West Indian Top Shells, like other marine snails, build an exterior exoskeleton through a process called biomineralization. They have an organ called a mantle that secretes a thin layer of protein as a base, followed by layers of calcium carbonate, which they create using carbon and calcium ions drawn from the seawater. The calcium carbonate then solidifies to make the hard shell. Later on, the mantle can add to the edge of the shell, so the same shell can grow as the snail gets bigger.
Crabs also use calcium carbonate to make hard shells for themselves that cover their whole bodies. But their shells are fitted to their legs and bodies, and not expandable. In a process called molting, as the crab grows bigger, it forms a new, thin exoskeleton cover underneath the existing shell, and breaks out of the old one. Once out, the crab then quickly makes the new, soft exoskeleton harder using calcium carbonate.
Hermit crabs do the same kind of growing and molting as other crabs, but only their claws and legs get hardened up. The abdomen stays soft and the hermit crab needs to find a new larger shell to cover it. In late summer there are often mass molting events as the hermit crabs all migrate down to the shoreline and take off their shells, hoping to exchange too-small shells for bigger ones.
They also might do some quick mating when their shells are off. It’s a matter of life or death for the hermit crabs to get into new shells, not just for protection from predators but also to prevent them from getting dried out and cooking in the tropical sun.

Female hermit crabs deposit their eggs in the water, where the eggs go through several free-floating phases of development before the baby hermit crabs start their transition to land. While in the water, they need to locate a discarded shell from a (dead) micro-mollusk, which are species of snails that remain tiny even as adults. Over time they will then work their way onto land and into ever larger shells.

Depending on finding abandoned shells from other dead animals seems pretty iffy as a life strategy, although it does allow successful hermit crabs to avoid spending a lot of energy building and maintaining their own mobile homes. They are renters, not owners, which in some situations can be an advantage.
Still, the hermit crabs are heavily dependent on continued housing availability. There needs to be a large population of whelks – and intact shells left behind after they die or get eaten. In the Caribbean, an octopus or lobster will eat a whelk, as well as bonefish, porcupinefish, and rock hinds. The whelks are also attractive to shorebirds like oystercatchers, which are locally known as whelk-crackers. And then there a number of people who collect whelks for stew. Supplies of whole, empty shells can quickly become limited.
Hermit crabs are essentially recyclers, taking cast-off resources and reusing them, and in the process cleaning up the beaches. If they can’t find a shell that fits, they will sometimes end up wearing beach trash instead, which is a bit sad to see, but adaptive and enterprising of them.
A hermit crab’s survival plan is also a bit poetic, as each temporary shelter it finds will carry a history of prior lives, which it will carry on its back, and then pass along.
Gail Karlsson is the author of a photo book Looking for Birds on St. John, as well as two other books about nature in the Virgin Islands – The Wild Life in an Island House, and Learning About Trees and Plants – A Project of the Unitarian Universalist Fellowship of St. John. Follow her on Instagram @gailkarlsson and gvkarlsson.blogspot.com. More info at gailkarlsson.com.

Two men were arrested and multiple firearms recovered following a Virgin Islands Police Department operation Monday that stemmed from an assault in Williams Delight on St. Croix earlier this month, according to the department.
Police said detectives with the Criminal Investigation Bureau and the Special Operations Bureau executed Superior Court warrants and arrested 56-year-old Henry Emmanuel and 37-year-old Angel Santiago. During the search of Santiago’s residence, three firearms, ammunition, scopes and other firearm paraphernalia were confiscated, according to the police report.
The arrests were linked to a Sept. 3 assault reported at 10:42 p.m. when officers were dispatched via the 911 Emergency Call Center to Williams Delight. The victim, an adult male, was transported by ambulance to the Juan F. Luis Hospital emergency room with serious head and body injuries and admitted for further treatment, the police report stated
Detectives identified Emmanuel and Santiago as suspects during the investigation, leading to the warrants. Both men were advised of their Miranda rights, booked, and remanded to the John A. Bell Golden Grove Adult Correctional Facility, after being unable to post $100,000 bail, the report stated.
The men face multiple charges, including first-degree attempted murder, first- and third-degree assault, carrying firearms openly or concealed during a crime of violence, brandishing and using a deadly weapon, possession or sale of ammunition, and carrying or using a dangerous weapon. Santiago also faces additional charges for possession of firearms and ammunition, according to the report.
An advice of rights hearing is scheduled for Tuesday in Superior Court.
Shots were fired during a large gathering at Cane Bay Beach on St. Croix Sunday evening, according to the Virgin Islands Police Department.
The 911 Emergency Call Center received several calls at 5:21 p.m. reporting gunfire in the area. A gray vehicle was seen leaving the scene, police said.
No injuries were reported.
The case remains under active investigation. Anyone with information is urged to contact 911, the VIPD Criminal Investigation Bureau at 340-778-2211, or Crime Stoppers VI at 1-800-222-8477 (TIPS).
The V.I. Police Department has issued an “all clear” at Lockhart K-8 School on St. Thomas after the campus was placed on lockdown earlier Monday afternoon due to a “potential threat on campus,” the Education Department reported just after 4 p.m.
The lockdown went into effect after a call was received through 911, reporting a potential threat on campus, according to the initial alert that came just before 2:30 p.m. “The school immediately activated its safety protocols, and students were evacuated to the parking lot of the adjacent hospital to ensure their safety,” Education said.
Following the evacuation, the VIPD conducted a thorough search of the campus, it said. After completing their procedures, school officials received the “All Clear” from VIPD, confirming there were no active threats on the campus.
“Students were safely escorted back to the school grounds to retrieve their backpacks and personal belongings that had remained in the classrooms during the evacuation. The school day has ended, and operations will resume” Tuesday, the department said.
The incident remains under investigation by the VIPD and other law enforcement agencies.