Second Federal Bench Trial Ends in St. John Property Dispute

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Chief District Court Judge Robert Molloy ordered lawyers arguing over a St. John land dispute to submit proposed reasons why he should rule in their favor.

After hearing four days of testimony in a property dispute, a federal judge directed legal teams to provide further documentation. Chief District Judge Robert Molloy concluded a non-jury bench trial Thursday on St. Thomas.

The trial took place 10 years after attorneys from the U.S. Justice Department filed a three-count complaint against a St. John family living at 5A Estate Bordeaux. Family members — descendants of St. John tradition bearer Felicia Nesbitt Caines — were charged with common law trespass, creating a nuisance and illegally occupying property that was given to the V.I. National Park by a group called Jackson Hole Preserve, Inc.

A string of defendants told the court the land they live on was not part of the land gift given by the preserve to the park. Current and retired park employees also appeared in the courtroom. Deputy Park Superintendent Scott Simmonds testified as a witness.

Government attorneys also brought in a witness who gave an extensive history of Parcel 5a, including entries appearing in the Danish archives.

This week’s proceedings was the second bench trial held over the land dispute. A two-day trial took place in July 2017.

There was no verdict at the end of testimony on Wednesday. Molloy issued an order, directing both legal teams to obtain trial transcripts and file post-trial briefs within 90 days of receiving those transcripts.

August 1 is the deadline for lawyers to collect the transcripts. The judge further ordered them to write up detailed reasons why they believe the court will rule in their favor.

V.I. Expected to Do Well at Caribbean Volleyball Championships 

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Team picture of the V.I. Boys and Girls Under 19 national teams at the airport in Jamaica. (Submitted photo)
Team picture of the V.I. Boys and Girls Under 19 national teams at the airport in Jamaica. (Submitted photo)
The Virgin Islands look to defend a title as well as gain a new title in the Caribbean Zonal Volleyball Associations U19 Boys and Girls Volleyball Championships beginning Saturday in Spanish Town, Jamaica.

The V.I. boys and girls teams, represented by the letters “ISV” in international competitions, enter the championship with high hopes.  ISV girls are the current defending champions in this division. The ISV boys are seasoned and have the tools needed to make a deep run in this event.

“One of the things I had the most trouble with when I started coaching the Virgin Islands national teams was the lack of ball control,” said Isaac Raphael head coach of both ISV teams. He says now, “Our girls team has excellent ball control and the boys have improved greatly in this area.  So, I expect both teams to do well.”

Saturday’s events kick off with an opening ceremony followed by a matchup of Trinidad & Tobago girls facing Barbados and Aruba boys verses the host, Jamaica.

The ISV boys and girls teams both face off with Aruba Sunday.  The finals are scheduled for Aug. 3 when one boys team and one girls team will be awarded the title of Caribbean Champions.

The ISV girls roster includes Ivanna Eudora Kean High School 2024 graduate Krytal Eddy, who won the best blocker award at the North, Central America and Caribbean Volleyball Confederation (NORCECA) U21 Girls Volleyball Championships held in Toronto, Canada earlier this month.  Joining Eddy from the NORCECA roster is Mya Brown, Sophia Hertz, Jahyra Thomas, Jayden Gorman, Zyia Toussaint, and Hailey Pierce.  Rounding out the ISV CAZOVA roster are Brielle Nestor, sisters Verneeci and Vernecia Caines and two 13-year old players, Mckaylah Mattis and Nevaeh Jackson.

The boys roster features three returning players, Captain Gabriel Rosa, Jared Brown, and Earl Miguel Toussaint Jr.   Rosa will be relied on heavily to run offense as he is the main setter on the team.  Brown and Toussaint are the two middle blockers. Kymani Greenidge, Armani Anderson, Zamouy Swanston and Cole Sommer will be patrolling the outside.  Logan Rogers and Aden Rojas will be playing opposite.  A’jahnai Merchant and Sahid Letang are the liberos on the team.

One Dead, Five Injured Following Shooting in Christiansted

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cops
Police tape marks crime scene. (Shutterstock image)
One man is dead and five others were taken to the hospital after a shooting on the boardwalk just after midnight Saturday in Christiansted town, St. Croix, the V.I. Police Department reported. The ShotSpotter system notified 911 of shots fired in on the boardwalk around 12:27 a.m. on Saturday, the VIPD said. Upon arrival on the scene, the Major Crimes Unit detectives found a man lying on the ground, unresponsive. He was identified by next-of-kin as 35-year-old Michael Edwards, police said. According to a VIPD spokesperson, five additional individuals were shot during the incident and were transported by private vehicles to the Juan F. Luis Hospital for treatment. Edwards’ death marks the eighth homicide of the year on St. Croix, and the 20th for the territory, according to the Source Homicide List.* The police investigation is ongoing. *The Source Homicide List is a chronological log of the homicides recorded in 2024 in the U.S. Virgin Islands, as reported by the VIPD. Cases are broken down by island. While this listing is based on VIPD reports, the Source does not include suicides or vehicular homicides in its listing, which the police and some other media do. This can lead to a discrepancy in the number of incidents reported.  

Governor Approves Territorial Hazard Mitigation and Resilience Plan

Gov. Albert Bryan Jr.(Government House Photo)
Based on the recommendation of the Virgin Islands Territorial Emergency Agency (VITEMA), Gov. Albert Bryan Jr. has approved the 2024 USVI Territorial Hazard Mitigation and Resilience Plan, which will serve as the blueprint for reducing the impacts of natural disasters on Virgin Islands residents, property owners, government agencies and commercial enterprises. “It goes without saying that we here in the U.S. Virgin Islands are vulnerable to intense storms and other natural disasters. And, as many of us already know, devastation is an unwelcome possibility – one that we don’t want to face. But face it we must – head on. This Hazard Mitigation and Resilience Plan is a huge step in the right direction.” Researchers within the University of the Virgin Islands Caribbean Exploratory Research Center and at the U.S. Global Change Research Project have noted elevated temperatures, increased rainfall, and more frequent and intense hurricanes are all signs that climate change is real and climate-related extremes are the new normal. Every five years the Federal Emergency Management Agency (FEMA) requires states and territories to update their Hazard Mitigation Plan. The 2024 USVI Hazard Mitigation and Resilience plan, developed by a planning team from the University of the Virgin Islands, presents a series of strategies for the territory to reduce and quickly rebound from the types of natural hazards it has been enduring for centuries. It also provides a roadmap for the territory to mitigate, adapt and quickly recover from the impacts of new types of hazards associated with climate change. The Territorial Hazard Mitigation Plan for the U.S. Virgin Islands addresses a range of hazards, including: Hurricanes and Tropical Storms: Given the region’s vulnerability, the plan outlines strategies for preparedness, response and recovery during severe weather events. Sea Level Rise and Coastal Flooding: The plan incorporates measures to mitigate the impact of rising sea levels, such as coastal infrastructure improvements and land-use planning. Earthquakes and Tsunamis: It outlines seismic risk reduction strategies, including building codes, early warning systems, and community education. Landslides and Soil Erosion: The plan identifies areas prone to landslides and erosion, emphasizing land management practices and slope stabilization. Wildfires: Although less common, the plan includes wildfire prevention and response strategies, especially in forested areas. Infrastructure Resilience: The plan focuses on critical infrastructure (e.g., utilities, transportation, healthcare) to enhance resilience against various hazards. Hurricanes Irma and Maria in 2017, or IrMaria, as Virgin Islanders call them, were unprecedented in their magnitude and the scale of destruction they caused not only for the USVI but for the entire Caribbean and southeast U.S. “With this Hazard Mitigation and Resilience plan in place, the territory is able to build a resilient infrastructure that can withstand the impacts of whatever may come our way,” Bryan said.

St. Croix Abattoir Repairs Ongoing, Department of Agriculture Hopeful About Reopening

The St. Croix abattoir and livestock pens. (Source photo by Linda Morland)
The St. Croix abattoir and livestock pens. (Source photo by Linda Morland)
The Virgin Islands Department of Agriculture (VIDA) informs the public that it is optimistic about the ongoing maintenance efforts regarding the St. Croix Abattoir and are hopeful that it will soon be able to announce a reopening date. On April 29, the department announced that after a routine inspection of the St. Croix Abattoir during which major maintenance concerns were discovered, the building would need to be closed immediately to address those concerns. The Department of Agriculture understands that the closure has been a challenge for V.I. livestock farmers, and it thanks everyone, especially the farmers, for their patience. To promote transparency and accountability between VIDA and the people of the U.S. Virgin Islands, the Department of Agriculture shares with the public several of its completed projects that are essential to the abattoir’s reopening. The following structural updates have been completed:
  • Repaired holding pen gate, which holds livestock upon arrival.
  • Repaired knock box swing gate which allows 360-degree operation and easy handling of carcass.
  • Repaired gutting station overhead holding rail which allows for easy transportation of carcass
  • Installed a new air blower curtain and repaired existing air blowers, which keeps indoor environments stable and sanitary while allowing personnel to enter and exit
  • Installed an elevating platform for our rumping station
  • Ordered and received new steam boiler for installation
  • Completed the installation of new steam pipes which are now awaiting insulation
The livestock pens at the St. Croix abattoir. (Source file photo by Linda Morland)
Curleen Rogers, director of the Abattoir, remains hopeful that it will be reopening soon, stating, “My team and I have been working diligently with the resources that we have to ensure that our employees are confident about their safety and the successful operation of the abattoir. Our focus is to serve our community and provide the best possible service that we can to our valued livestock farmers.” For more information, call Director Rogers at 778-0997 or email curleen.rogers@doa.vi.gov

Cathy B. Ferdinand Dies

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Cathy B. Ferdinand, also known as “Mo,” of Estate Concordia, Frederiksted, died on June 20. She was preceded in death by her father, Octave Ferdinand; mother, Petrona Ferdinand; brothers: Gidean Ferdinand and Simon “Apple” Ferdinand; uncles: Hubert” Whiskey” Ferdinand, Robert “Charlie” Ferdinand and Andrew James; and aunt, Catherine Ferdinand. She is survived by her daughter, Cattisha Cadette; special friend, Jason Cadette; sister, Octavia “Rose” “Tavie” Ferdinand; nieces/daughters: Charis Ferdinand, Jahmilla Hendrickson and Jira Hendrickson; nephew/son, Joseph “Chocolate Thunder” Hendrickson; great-nephews: Elton Williams Jr. and Kamalie Charles; aunts: Maryann Ferdinand(SLU), Magdalene “Solita” Derose (SLU), Judith Ferdinand and Henrietta Ferdinand; uncles: Francis “Teacher” Ferdinand, Ignatius “Roto” Ferdinand, Fenton “Hilroy” “Pansie” Ferdinand, Victor Vincent and Theotin ” Torney” Ferdinand; and cousins: Andrew Derose, Henrietta Derose, Richard ”Critch” Derose, Christopher “Prall” Derose, Simonia Althia Derose, Travis “Vonne” Derose, Germaine “Timadam” Derose, Aaron “Fisher” Derose, Natasha Ferdinand, Liz Ferdinand, Fabian Philip and Sabina Philip. She is also survived by cousins: Celina Philip, Serena Philip, Gemma Philip, Anatolia Philip, Davyier Ferdinand, Cathrine Hodges, Kristie Quinlan, Fernanda Ferdinand, Jeanette Ferdinand, Ignatia Ferdinand, Iesha Ferdinand, Julie Antoine, Robertina Ferdinand, Zona Ferdinand, Raymonese Ferdinand, Zita Ferdinand, Larry Philip, Davie Ferdinand, Franeil Ferdinand, David “Jacker” Ferdinand, Gyrell Ferdinand, Garfield Leo Ferdinand, Kimmy Ferdinand, Jerlani Ferdinand, Burtie Ferdinand, Robinson Ferdinand, Romeo Ferdinand, Broiluis Ferdinand, Taj Ferdinand, Marlon Thomas and Michael Vincent Jr. Other survivors include special friends: Ricky “Lawd of Mercy” Hernández, Leomarie and family, Nelly O’Reilly, Ms. Ramos, Corleen Petersen-Batt, Iris Escobar, Latisha Rawlins, Ruthy Illaraza, Cheryl Francis-Applewhaite, Shirley Sampson and the UCA Kitchen; close friends: Miriam Greene and family, Matthew Vernge and family, Clavier family, Frederick family, Freddy Barrant and family, Maggie and family, Pascal family, Rene family, Illaraza family, Chapman family, Christopher family, Frederiksted Baptiste Church family; and many other family members and friends too numerous to mention; Special thanks to: Hogar Regalo De Dios (PR), Department of Mental Health (STX), Department of Human Services (STX), Pine Nursing Home (Fla.), Van Orsdel Family Funeral Home (Fla.); and other families and friends too numerous to mention. Memorial service will take place at 10 a.m. on Friday, Aug. 2, at Frederiksted Baptist Church. Interment will follow at Kingshill Cemetery.

FEMA: Preparedness Inspires Resilience for People with Disabilities

Federal Emergency Management Agency
Today’s 34th anniversary of the Americans with Disabilities Act (ADA) provides us an opportunity to reflect on a law that ensures all people with disabilities have the same rights and privileges as everyone else. As well, the ADA reminds us to recall the importance of disaster preparedness for people with disabilities and their families during Disability Pride Month in the U.S. Virgin Islands. The Federal Emergency Management Agency’s (FEMA’s) presence at the recent “All Things ADA” Expo held on St. Thomas and St. Croix highlights our focus on our collaboration with the Virgin Islands Territorial Emergency Management Agency (VITEMA) on informing people with disabilities, access or functional needs, and older adults to be ready for emergencies and disasters. The keys to effective disaster preparedness of building a kit, making a plan and staying informed, applies to all of us. But people with unique needs and their families should consider individual circumstances and needs to effectively prepare for emergencies and disasters. Additional considerations should include the following: Create a support network and maintain contact with those who can assist you. Keep a contact list in a watertight container in your emergency kit. Learn more at www.ready.gov/kit Inform your support network where your emergency supplies are kept. You may want to give someone in your support network a key to your home. Plan for accessible transportation to evacuate or get to a medical clinic. Work with local services, public transportation or paratransit to identify local or private accessible transportation options. If dialysis is part of your health maintenance plan, know where multiple facilities are located. Determine how to use medical equipment in the event of a power outage. Wear medical alert tags or bracelets. If you have a communication disability, make note of the best way to communicate with you in an emergency. Plan how to evacuate with assistive devices or how to replace equipment if it is lost or destroyed. Write down model information and note who provided it, such as Medicaid, Medicare or private insurance. Add this to your watertight container with your other important documents. If you have a service animal, be sure to include food, water, identification tags and supplies. It is also important to have cash in your kit in case you need to purchase supplies.
Americans With Disabilities Act National Network
Tips for people who are deaf or hard of hearing include having: A weather radio with text display and a flashing alert along with extra batteries. Extra hearing-aid batteries. A headlamp to illuminate people with whom you are communicating. Pen and paper in case you must communicate with someone who does not know sign language. Tips for people who are blind or have low vision include: Marking emergency supplies with Braille labels or large print. Keep a list of your emergency supplies on a portable flash drive or make an audio file that is kept in a safe and is accessible. Keep a Braille or deaf-blind communications device in an emergency supply kit. Tips for people having a mobility disability include:   If you are using a power wheelchair, have a lightweight manual chair available as a backup. Show your support network how to operate your wheelchair. Know the size and weight of your wheelchair and if it is collapsible for transportation. Keep an extra mobility device such as a cane or walker, if you use one. Assess your unique needs, review what you might need to replenish in your emergency kit and practice your emergency plans before peak activity arrives in the Atlantic hurricane season. Find more information for people with disabilities at www.ready.gov/disability and for older adults at www.ready.gov/older-adults.

Selwyn W. Francis Dies at 81

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Selwyn W. Francis
Selwyn W. Francis of Estate St. John’s, Christiansted, died on June 30. He was 81 years old. He is survived by his wife, Mable St. Juste-Francis; children: Michele O. Lewis and Randolph E. Francis; stepdaughters: Rochelle Ellis and Shekirah St. Juste-Stewart; stepson-in-law, Stephen Stewart, Jr.; son-in-law, Willie L. Lewis III; daughter-in-law, Harmony J. Francis; and grandchildren: Caresse Alexander, Felisse Alexander, Francesca Alexander, Calvin Francis and Kaitlyn Francis. He is also survived by step-grandsons: Joshua St. Juste-Ellis, Jared Ellis and Jair Ellis; brothers: James Francis, Claude Francis and Edward Francis; sisters: Althea Thomas, and Patricia Francis; as well as a host of nieces and nephews, other relatives and friends too numerous to mention. The viewing will be held at 9 a.m. followed by a funeral service at 10 a.m., Sunday, Aug. 4, at Central Seventh-day Adventist Church. Interment will be at Kingshill Cemetery.

Randolph Fitzroy Williams Dies at 85

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Randolph Fitzroy Williams
Randolph Fitzroy Williams, commonly known as “Fitzroy Williams,” has died. He last resided at Ross Estate, St. Thomas. He was 85 years old. He was born in Antigua where there is a beach for every day of the year. Sunrise 17th January 1939. His sunset was Tuesday, 18th June 2024. He was preceded by death by his mother, Ethel Hackett of Nut Grove Village in Antigua; Nurse Agnes Joseph of Golden Grove Village; and son, Ricky Williams of Antigua. He is the father of Delroy “Smiley” Williams, Randy Williams and Dr. Esther Williams. He was the grandfather to Kimelle-Lee Williams, Jamali Williams, Khafia Williams, Dr. Jelani Williams, Kiera Williams and Dakarai Hunte. He was great-grandfather to King Richards, Khassidy Richards and Khamry Richards. His family includes the Hacketts and Martins of Antigua and St. Thomas, Agneta Bleu and family, and Veronica Henry of Antigua. There is a host of family and friends too numerous to mention. If your name was not called, it was not intentional. On Wednesday, July 31, his funeral will be held at the Blyden Memorial Chapel at Turnbull’s Funeral Home. Viewing will be held from 9-10 a.m.  The homegoing service will commence at 10 a.m.  The burial will be at the Eastern Cemetery. May his soul rest in eternal peace and rise in glory.

JFL Hospital Short on Emergency Room Doctors

Interim Juan F. Luis Hospital CEO Hazel M. Philbert said ideally the St. Croix medical center would have seven emergency room doctors on staff, not three. (Photo courtesy V.I. Legislature)
Juan F. Luis Hospital has less than half its full complement of emergency room doctors to provide critical round-the-clock care, hospital officials said in a budget hearing before the Senate Friday. Interim CEO Hazel M. Philbert said ideally, the St. Croix medical center would have seven emergency room doctors on staff. As of Friday morning, it had just three. Aggressing recruitment efforts were underway, she said. Although Philbert and other hospital administrators put average wait times at around an hour, senators in the Committee on Budget, Finance, and Appropriations hearing suggested they were much longer. On the job less than a month after the departure of former CEO Douglas Koch for personal reasons, Philbert’s budget testimony accentuated the positive while acknowledging challenges. The hospital would likely finish fiscal year 2024 with $10.1 million less in revenues than projected but was current with its Government Employees Retirement System contributions. “Despite JFL’s advancement through the improvement of revenue cycle practices, a challenge persists in utilizing narrow operating margins to settle longstanding liabilities. For instance, the commitment to the $1.5 million annual payout to the Internal Revenue Bureau continues to divert funds from critical necessities essential for enhancing care quality,” Philbert said. Some of the hospital’s challenges are relatively new and others have long been a problem. “We collected $12.3M in Medicaid and Medicare funding between October 2022 and May 2023, compared to $7.6M in the same period in FY24representing a 62 percent decrease in collections and only seven percent decrease in discharges of patients that we care for. At the same time, the Medicaid disenrollment has significantly decreased our Medicaid eligible patients by 43 percent,” Philbert said. “JFL has encountered challenges with Medicaid payments. JFL and the Department of Human Services have met several times to review and identify avenues that we are working through to increase our Medicaid revenues. We are also aware that 16,480 Virgin Island residents were disenrolled from Medicaid and have lost Medicaid coverage. With the approximately 17,000 enrollees no longer eligible for Medicaid, we anticipate a significant increase in people seeking charity care from JFL,” she said. This uncompensated care was a large draw on hospital resources. With a mandate to treat patients regardless of their ability to pay, Juan F. Luis Hospital would be on the hook for $47 million in unpaid billables in fiscal year 2024, she said. Philbert predicted it would be even more expensive in 2025, rising to $54.9 million in charity care. The lack of cash coming in put the hospital in a deficit, Philbert said, while operating costs were projected to increase by nearly $2 million. Much of that uncompensated care went to so-called boarders. These are patients who have been discharged and have no medical reason to remain admitted to the hospital. “Boarders present several challenges for our hospital. Boarders are at the hospital because they are unable to care for themselves and have no family members who are willing to care for them. The lack of community resources such as skilled nursing homes or long-term care facilities, which would be suitable for many of our boarders to care for their specific needs, including recreation and socialization, is a significant challenge. Neither Medicare, Medicaid, nor private insurance carriers cover their continued stay at our hospital for no medical reasons,” Philbert said. The six boarders currently at the hospital not only aren’t getting the sort of care they need — regular socialization, exercise, cultural stimulation — they take up valuable bed space. “Note that the monthly cost of a boarder is estimated at over $140,000 per boarder. Also, JFL is paying for three boarders at Casa de Salud in Puerto Rico for an average of $5,100 monthly each,” she said. “The best short-term solution for the boarders at JFL is to allocate Department of Human Services funding to place them in one of their contracted long-term care facilities.” The Virgin Islands government itself also owes the hospital money. “The total owed by government agencies for services provided by JFL is over $8.9 million however, only $1.6 million of that is current. In July 2023, JFL and the Department of Labor completed a settlement agreement of $2,314,303 to be paid in Fiscal Year 2024,” she said. On the positive end, Philbert said the hospital was exploring new revenue streams. The hospital hopes to grow its outpatient surgical volume, pediatric and cardiovascular care, laboratory services, diagnostic imaging, and post-op follow-ups, as well as behavioral health services, she said. Also on Friday, Frederiksted Health Care, Inc. presented their budget request, with CEO Masserae Sprauve Webster saying the clinic provided services to 10,000 in 2023 — more than 96 percent of whom had income at or below 200 percent of the poverty guidelines. “The ability for our patients to survive “at 100 percent of the poverty guidelines” is a difficult concept to understand,” Sprauve Webster said. “A single individual earning 100 percent of the poverty guideline means income of $15,060 annually or $1,225 per month. Imagine paying for rent, utilities, food, medicine, clothing, and all the basic essentials needed to live on an income of $1,225 per month. As we know, the cost of groceries is 30 percent higher in the U.S. Virgin Islands compared to the mainland United States. Additionally, electricity is about three times the average cost on the mainland. Patients with income at 200 percent of poverty guidelines, translates to earnings of $30,120 per year or $2,510 per month. We must admit that trying to make ends meet on $1,225 or even $2,510 per month with our cost of living is a great challenge.” The clinic cares for 112 people experiencing chronic homelessness and 78 people being treated for HIV/AIDS, she said. “In addition, we provided prenatal care to 325 women as they prepared to give birth to the next generation of future Virgin Islanders. We cared for 114 children under the age of one and over 1,900 individuals aged 65 and over. It is our honor and our responsibility to provide care to everyone, including the most vulnerable among us,” Sprauve Webster said. The clinic sought approval for $3.2 million from the Legislature. “FHC’s annual allotment from the Virgin Islands government represents the local share of the Medicaid Match required for the services we provide. This allotment also supports reimbursement for uncompensated care that we provide to uninsured and underinsured patients,” she said. “Frederiksted Health Care understands the importance of improving healthcare in our community. We are eager to participate in a coalition to identify specific steps we can take to strengthen our health care system and reduce overall health care costs.”