Photo Focus: 35th Legislature Displays Support for LGBTQ+ Community

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The Progress Pride flag hangs at the Legislature building on St. Thomas. (Photo courtesy V.I. Legislature)

The Virgin Islands Legislature will display the Progress Pride flag* at all Senate buildings across the territory during June in recognition of Pride Month, Senate President Novelle E. Francis, Jr. announced Wednesday.

“This historic action affirms the Legislature’s commitment to inclusion for all Virgin Islanders, regardless of how they identify,” Francis stated. “The Pride Flag is a visible reminder that the 35th Legislature of the Virgin Islands is committed to respect and support our LGBTQ+ community.”

*The Progress Pride flag includes black and brown stripes, in addition to the traditional rainbow stripes, to represent marginalized communities of color.

Police Respond to Shooting at Bovoni Housing Community; Resident Arrested, Charged

Witnesses said the sound of a gunshot sent a group of children running at the Bovoni Housing Community on Tuesday night.(Source file Photo)

A resident of a public housing community on St. Thomas was accused of causing injury to a number of minors gathered near her home. Police were called to the scene after the parents of one of the alleged victims came home with blood running down their leg.

Witnesses near the scene at Bovoni Housing Community said they heard a loud noise that sounded like a gunshot and saw a group of children running just after hearing the noise.

Those witnesses also told police they saw a neighbor in the area holding what looked like a pellet gun. Court documents filed in Superior Court said officers on the scene located a suspect based on a description given by one of the minors at the scene.

The accused assailant — identified as Tischelle Turnbull — was found sitting in an area outside of her apartment, the police report said. She was arrested shortly thereafter.

A resident who made an emergency call to 911 told police her child came home from playing with his friends and tried to rush past her to get to the bathroom. When the parent took a closer look, she said she saw blood running from what appeared to be a gunshot wound on the child’s leg.

Another parent said she was with her daughter near the scene where the children ran away. That witness told police she saw another minor being helped from the area with what looked like a wound to her face.

When asked about the incident on Wednesday, a spokesperson for the Schneider Regional Medical Center said no one matching the description of the wounded appeared in the emergency room for treatment.

Confronting the accused, the witness said she saw a small, black pellet gun in Turnbull’s hand.

When police questioned Turnbull, they said she admitted having a gun that belonged to a friend.

“Contact was then made with Ms. Tichelle A. S. Turnbull, who stated that she was in possession of the pellet gun belonging to a friend. Ms. Turnbull stated on her way to return it, while walking out of her apartment with the pellet gun, it dropped to the floor. Ms. Turnbull stated when the pellet gun fell, it went off,” the arresting officers said.

When the gun went off, she said, a pellet ricocheted and struck three children.

At an advice of rights hearing held Wednesday, Superior Court Magistrate Simone Van Holten-Turnbull upheld charges of assault, child abuse, reckless endangerment and carrying or using a dangerous weapon by a convicted felon.

Telephone Interruption in STT-STJ: District Court and U.S. Probation and Pretrial Services

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Please be advised there is a telephone service interruption at the District Court of the Virgin Islands and the U.S. Probation and Pretrial Services in the Division of St. Thomas-St. John. Accordingly, if assistance is needed, please contact the Clerk’s Office in the Division of St. Croix at 340-718-1130 and the U.S. Probation and Pretrial Services in the Division of St. Croix at 340-718-5515.

Wanted St. Thomas Man Arrested for Stealing Watercraft

Police arrested a St. Thomas man on Monday and charged him with being in possession of a stolen watercraft, the V.I. Police Department reported. Law enforcement personnel found Kareem Casimir in possession of a stolen watercraft and reportedly removed parts from it. According to the police report, he was charged with unauthorized use of a vehicle, damaging and tampering with a vehicle, and possession of stolen property. Casimir’s bail was set at $25,000, pending further court action, the police report stated. Anyone with information regarding this incident is encouraged to notify the 911 Emergency Call Center, Detective Y. LoBlack with the Criminal Investigation Bureau at 340-774-2211, the Chief’s Office at 340-715-5546, the Commissioner’s Office at 340-715-5506, or Crime Stoppers V.I. at 1-800-222-8477.

Governor Bryan Issues Proclamations for June

Gov. Albert Bryan Jr. (Photo courtesy Government House)
Gov. Albert Bryan Jr. has issued proclamations for June that recognize Virgin Islands fishing culture, Caribbean culture bearers, amateur radio operators and those who have been diagnosed with Sickle Cell Anemia. He will also emphasize the importance of the oceans, HIV testing and men’s health. Gov. Bryan declared June 1 through June 9 as National Fishing and Boating Week. In the proclamation, he acknowledges that fishing greatly aids the territory’s economy. It is a source of healthful food, promotes respect for sound conservation and for the bounty and wonder of our natural resources, and it introduces locals to the benefits of outdoor recreation. During the week of June 23 through 29, which Bryan has proclaimed as Amateur Radio Week, June 25 has been designated as a “field day” for amateur radio operators. He encourages territorial residents to recognize and appreciate the diligence of amateur radio operators, known as “HAMS,” who also serve as volunteers in the capacity of emergency communication in support of the Virgin Islands Emergency Management Agency (VITEMA). Recognizing the sacrifices of those who came before, the governor proclaimed the month of June as “National Caribbean-American Heritage Month” in the U.S. Virgin Islands. Gov. Bryan urges Virgin Islanders to “take a moment and reflect that had it not been for the brave efforts of our ancestors that came before us, we would have never been able to enjoy and experience the freedoms that we have today.” Despite advances in medical technology and research, men continue to live an average of five years less than women, with Native American and African American men having the lowest life expectancy. Bryan has proclaimed June as Men’s Health Month and encourages all Virgin Islanders to pursue preventive health practices and early detection efforts throughout the year. The governor has proclaimed the month of June as “‘National Ocean Month” and urges all people of the Virgin Islands to continue to take care and appreciate the beautiful and pristine ocean waters that the territory depends on for its survival and happiness, and to remember the Virgin Islands anthem, which pays homage to the seas and the people. By declaring World Sickle Cell Anemia Awareness Day in the territory on June 19, he is emphasizing prevention, education and compassion, with hope for further advancements in the treatment of the disease. Gov. Bryan has declared June 29 National HIV Testing Day as a reminder to individuals to take charge of their health and access available testing services. June 26 through July 3 is being recognized as Virgin Islands Freedom Week. Bryan encourages Virgin Islanders to commemorate and advance the USVI’s many contributions to historic heritage narratives, notable achievements of excellence, cultural legacy quests and self-determination liberties with its unique and diverse representation of people, culture and heritage technology. The Bryan-Roach Administration is investing in the territory’s people, infrastructure and future through transparency, stabilizing the economy, restoring trust in the government and ensuring that recovery projects are completed as quickly as possible. Visit https://transparency.vi.gov

Elmo Plaskett Little League to Compete for Territorial Championships June 14-16

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Little Leaguer at bat (Submitted photo)
The Elmo Plaskett Little League has come to the end of a great season. The teams worked hard all season to provide the community with exciting games in all divisions. The final standings and stat leaders are as follows: 9-12 Division Champions are the Cubs, managed by Orlando Benitez Jr. and his supporting staff was Orlando Benitez Sr. and Otoniel Pereira.
  1. Cubs 12-1
  2. Indians 10-3
  3. Cardinals 7-6
  4. Braves 7-6
  5. Spartans 4-9
  6. Diamond Defenders 0-13
9-12 Division Top Pitchers:
  1. Daniel Remie III from Diamond Defenders with 51 strikeouts
  2. Javier Bermudez from the Cubs with 48 strikeouts
  3. Zaire Paul from the Braves with 42 strikeouts
  4. Omari Lang Jr. from the Indians with 41 strikeouts
  5. Nathan Lynch from the Cardinals with 39 strikeouts
9-12 Division Top Hitters:
  1. Timothy Wesselhoft from Indians -17
  2. Yaniel Omar Pereira from Cubs-13
  3. Javier Bermudez from Cubs -11
  4. Chaniel Rivera-Perez from Indians -8
The Pee Wee and 7-8 Division Champions are the Lil Rebels, managed by Javier Velez and his supporting staff: Alysha Velez, Roderick Moorehead, Carlos Morales Sr., Juan Velez Jr., Jesus Perez and Kevin Matthews. The Territorial Championships will be the final round of baseball action. St. Thomas will be bringing its best players in all three divisions (6-8, 9-10 and 11-12) to compete against St. Croix’s best. The winners of the 9-10 and 11-12 divisions will move on to represent the Virgin Islands in the Latin American Little League Tournament. The Territorial Championships will be held the weekend of June 14-16, at the Rudy Krieger Ballpark in Sion Farm. Friday, June 14, 2024 STT vs. STX at 3 p.m. (6-8 Division) STT vs. STX 30 min. after (9-10 Division) STT vs. STX 30 min. after (11-12 Division) Saturday, June 15, 2024 Opening Ceremony at 11 a.m. STT vs. STX Noon (6-8 Division) STT vs. STX 30 min. after (9-10 Division) STT vs. STX 30 min. after (11-12 Division) Sunday, June 16, 2024 — Games will be played if necessary. STX vs. STT at 9 a.m. (6-8 Division) STX vs. STT  30 min. after (9-10 Division) STX vs. STT  30 min. after (11-12 Division)

No LEAC Increase as WAPA’s Deferred Costs Skyrocket

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BMR Energy CEO Bruce Levy. (BMR photo)
Bruce Levy said his company could not provide WAPA with free power forever. (Photo courtesy BMR)

At a Public Services Commission meeting where its rates were under discussion, V.I. Water and Power Authority officials failed to show up Tuesday, forcing the PSC to issue a subpoena.

PSC members questioned who would represent the authority now, as its chief executive officer has resigned.

Even without a representative from WAPA, the commission spent much of its meeting discussing WAPA’s proposed LEAC rate and what its deferred fuel costs meant to its murky financial situation.

The idea that a solar farm could sell its power directly to commercial customers, bypassing WAPA, was thrown into the middle of that discussion.

Bruce Levy, owner of BMR Donoe Solar and Spanish Town Solar Farms, returned to the commission again to plead for payment from WAPA for the electricity his farms were producing. He said, “The free supply of solar can’t go on forever.”

Levy complained to the commission in June last year about WAPA’s non-payment. After some pressure from the commission, WAPA paid BMR for about three months of power, but Levy said that payments had stopped, and his company is now owed close to $4 million.

Commissioner David Hughes, reiterating his stance from previous meetings, emphasized the potential consequences of WAPA’s non-payment of alternative energy suppliers. He warned that such a situation could deter these suppliers from developing projects in the territory, thereby stalling the progress of the energy sector.

Joel Hart, representing Advanced Power, which is developing two wind projects in the territory, said what Hughes said was important. He also updated the Commission on the progress of those two projects. He said four of the five signatures needed to approve land leases from the government required five signatures had been obtained, and the wind projects would probably take two years– one east and adjacent to the refinery on St. Croix and the other on St. Thomas on hills adjacent to the Bovoni landfill.

The LEAC rate was not changed from its 22-cent rate, meaning WAPA’s deferred fuel costs will increase. The deferred fuel costs, which are over 100 million now, is a cost WAPA hopes to collect after it brings its costs below what it is charging residents. This was supposed to happen as WAPA installed more energy-efficient generators; however, after two and a half years of promises, the new generators have not come online.

The PSC staff is expected to bring suggestions to the commission at its next meeting on how BMR can sell its energy production directly to customers. Hughes said he hoped WAPA would see that if it doesn’t pay BMR, it could lose customers and should “just pay BMR.

“No Weapons Allowed” on St. John; Department Officials Give 2024 Celebration Updates

Testifiers speak to senators during the Committee on Homeland Security Justice and Public Safety hearing. (Photo by Alvin Burke Jr., Mario Fonreca and Barry Leerdam, Legislature of the Virgin Islands)

On Tuesday, representatives from the Division of Festivals, V.I. Police Department, Health Department, Waste Management Authority, Licensing and Consumer Affairs Department, and the Public Works Department appeared before the Committee on Homeland Security, Justice, and Public Safety to provide safety and permitting updates for the upcoming celebration on St. John.

While testifiers appeared confident that this year’s celebration on St. John will operate well, senators inquired about security and health measures taking place. One main safety concern on the Senate floor surrounded the carrying of firearms.

Sen. Dwayne DeGraff asked testifiers about the requirements the public should be aware of when traveling to St. John. Leaona Smith, assistant festival director for the Tourism Department, said a regular ID is required. Steven Phillips, chief of police, said security personnel and the TSA will conduct searches.

“No weapons allowed. Firearms, knives, anything are not allowed to come on the boat to come to St. John to have a good time. I know individuals have their personal firearms and they want to walk with it. No. Keep your firearm home, in your house, and come out to St. John and have a good time,” said Phillips.

Sen. Kenneth Gittens asked if carriers who are licensed can travel to St. John with their firearms. Phillips said that it is up to the boat captain to allow firearms, however it is not typical that persons are allowed to travel between St. John and St. Thomas with firearms.

“When individuals are drinking and smoking, it’s a bad mixture, and they don’t have common sense sometimes,” said Phillips.

Sens. Franklin Johnson and Alma Francis-Heyliger expressed concerns over the message Phillips relayed. Johnson said that as a retired law enforcement officer, he experienced an issue with a similar matter in the past when traveling to St. John.

“You cannot disarm a law enforcement officer or a retired law enforcement officer,” said Johnson, who added that a retired officer can travel throughout the country with a firearm. “When you all are putting out this information, be very clear about it. Be very clear about it. Because if I’m traveling with my licensed firearm no one is going to stop me from traveling and violate my rights as a U.S. citizen.”

“I am encouraging everyone with a firearm license not to come to St. John with a firearm,” said Philips.

Francis-Heyliger said she was “uneasy” with the message being put out by law enforcement since licensed gun owners have already been thoroughly screened to carry firearms.

“When you’re traveling with a firearm it must be declared,” said Gittens, who added that he also experienced a situation in the past when traveling with a firearm at the airport. “We are doing what we’re doing for the safety and well-being of the public. At the same time we have to make sure we get the information out,” said Gittens. He told the police department that they did an “excellent job” for the St. Croix Festival and St. Thomas Carnival with the public service announcements and encouraged all departments to do the same for St. John.

Additionally, Degraff inquired about dock construction in Cruz Bay and asked for an update on when it will be completed. Smith said that the Port Authority is expected to complete the construction on the dock and the taxi area by June 22, “hopefully.”

“They plan to have everything completed before the Carnival starts,” she said.

DeGraff also shared concerns surrounding COVID and public restroom cleaning schedules.

Reuben Molloy, assistant commissioner of the V.I. Health Department, responded that it would be a personal choice to wear masks.

“We continue to promote using protective measures to avoid any spread,” said Molloy.

Some senators expressed concern over the need for additional lighting in the Children’s Village and backup generators for the Village. Both the Police Department and Tourism Department will secure extra lighting and additional generators as needed for the celebration.

Sen. Ray Fonseca inquired about the boat schedule during the celebration activities. Smith said that after 7 p.m. or 8 p.m., the ferries will leave once full and will not run on schedule. Fonseca also inquired about business operations for the celebration, noting that during Carnival on St. Thomas, some business owners expressed that they were told they could not sell products.

“What we encountered in St. Thomas Carnival was that we had folks that had establishment permits but were operating way outside of their structure,” said Wanson Harris, director of Environmental Health. “What we don’t want is an establishment using their business permit or their health permit to go down the road, on the side of the road, to sell their products.”

In discussing vending, Director of Festivals Ian Turnbull also cautioned booth owners not to sell alcohol to minors.

“If they do, they will be fined,” said Turnbull.

Smith said that this year, there are 51 food fair vendors and 18 booth owners permitted for the celebration and that an additional six to eight vendors have requested special permits. She added that a booth fee this year in St. John is $1,500.

DeGraff and Gittens also cautioned celebration goers to remain hydrated during heat advisories, especially during the Parade, J’ouvert, and Food Fair.

Horace Graham, assistant commissioner of the Licensing and Consumer Affairs Department, and Shena George-Esannason, St. John Solid Waste Collections manager for the Virgin Islands Waste Management Authority, also provided testimony to the Senate.

Senators Dwayne DeGraff, Ray Fonseca, Franklin Johnson, Kenneth Gittens, and Alma Francis-Heyliger were present at Tuesday’s hearing.

Trial Date Set for Refinery Cistern Suit

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People who say the oil refinery poised their cisterns may see their day in court in 2026. (Source file photo)
Exactly three years after 24 Crucians filed a class-action suit alleging St. Croix’s oil refinery fouled cisterns with toxic spew from dangerous emissions, a Virgin Islands District Court judge set a trial day Tuesday. Judge Wilma A. Lewis said attorneys for the cistern owners and Limetree Bay Ventures have until Nov. 10, 2024, to submit the evidence they plan to use in the trial tentatively set for November 2026. The plaintiffs allege they or their property were exposed to oil, hydrogen sulfide, sulfur dioxide, petroleum hydrocarbons, and other chemicals and particulates on at least four times between Feb. 4, 2021 and May 12, 2021. They claim dangerous emissions plastered their homes and in some cases lungs and sinuses with sulfurous and oily substances. Delia Almestica, one of the plaintiffs, detailed the extent of the alleged problem in her portion of the suit. “In early March 2021, Ms. Almestica found droplets on her vehicle and the walls of her home. A sheen appeared on the surface of her cistern water. When she bathed, the oil residue remained on her skin. She smelled fumes of gas and oil and had difficulty breathing. She is asthmatic. Ms. Almestica owns a home business where she grows and sells fruit and vegetable plants. Following the incidents, her plants began to die off rapidly. She also has a sewing business that she operates out of her home. Her sewing equipment and materials were covered in dark brown soot from the heavy smoke released during the flares.” Although there have been attempts to hold hearings before under a 2001 law expediting trials for older plaintiffs, it was not the first time the refinery had been accused of spraying nearby areas with oil. In 2010, oil flowed into a low-pressure elevated flare, where it sprayed out and was carried downwind over Henry E. Rohlsen Airport, estates Clifton Hill, Profit, and Enfield Green, according to a statement from the refinery, then known as Hovensa. Hovensa offered people affected bottled water. In 2023, a judge ordered Limetree to do the same. In 2006, water mixed with crude oil triggered a pressure-release valve, spraying out more than 100 gallons of oil in a fine mist. The contamination from that incident was confined within the boundaries of the refinery. In 2005, water mixed with hot oil also resulted in an airborne oily mist. Roads were closed briefly and monitoring stations set up, but there was no report of contamination outside the plant. In 2002, spray from a pressure-release valve led to warnings to Clifton Hill and Profit residents not to use their cistern water, but subsequent tests contracted by Hovensa showed no effect on area water supplies.
Limetree Bay Refining attempted to restart the long-shuttered oil plant in February 2021, and again in April and May that year. Limetree Bay Refining was subsequently shut down by the EPA that May and filed for Chapter 11 bankruptcy protection two months later. It was sold to Port Hamilton Refining and Transportation at auction in December 2021.
Editor’s Note: A previous version of this story was unclear about the relationship between Limetree Bay Refining, Limetree Bay Terminals, and Ocean Point Terminals. Neither Limetree Bay Terminals nor Ocean Point Terminals owned or operated the refinery.

Emergency Personnel Share 2024 Hurricane Preparedness Updates with the Senate

Committee on Homeland Security Justice and Public Safety chair, Senator Kenneth Gittens, hits the gavel to preside over the committee meeting. (Photo courtesy V.I. Legislature)

Senators from the Committee on Homeland Security, Justice, and Public Safety met on Tuesday to discuss emergency management and hurricane preparedness for the 2024 season, with members from several emergency departments present.

The V.I. Territorial Emergency Management Agency’s Director, Daryl Jaschen, is “confident” that the territory will be well prepared for this year’s hurricane season.

Jaschen shared with the Senate that it is highly likely that the territory will have an above-normal hurricane season. Between 17 to 25 named storms, with four to seven of them becoming Category 3 to 5 hurricanes, are predicted by the National Oceanic and Atmospheric Association. The director shared that VITEMA will be prepared for the storms after having conducted a yearly “week-long Hurricane Capstone Exercise” that entails five months of hurricane readiness preparation.

Key areas VITEMA will focus on this year include shelters and points of distribution collaboration with the Human Services Department, patient movement and evacuation with the Health Department, power restoration and temporary emergency power with the V.I. Water and Power Authority, route clearance and debris removal with the V.I. Waste Management Authority and the Public Works Department, collaboration with the V.I. Port Authority for airport and seaport operations, and law enforcement collaboration with the V.I. Police Department.

Jaschen highlighted that in the event of inclement weather, the public would be notified between 72 to 96 hours before the onset of tropical-storm-force winds. In the event of a storm, he also warned the public to be sufficiently prepared for 10-14 days, as that is the typical time before emergency response crews can arrive from outside the territory. However, he said that some aid via items such as boxed water and shelf-stable meals will be distributed before the arrival of emergency response teams.

“The water and meals are planned to be available to the community through VITEMA starting five days following the Federal Hurricane Major Disaster Declaration,” said Jaschen.

He highlighted that the food items will be made available at points of distribution known as PODS which will take five days to open unless authorized sooner by the governor.

“Both our local Virgin Islands National Guard and the Department of Human Services will play a key role in these Points of Distribution, PODS. They will operate two PODs per island, which has the capacity to distribute 5,000 meals per day per POD. These PODS will only operate until the private businesses are able to re-open,” said Jaschen.

“During an emergency, information hardly gets out. If ahead of time we can know where these distribution pods will be, I mean, it will be much easier for you and for those in need of what you’re distributing,” said Sen. Gittens.

Pod locations are anticipated to be at the Cotton Valley Fire Station, Eulalie Rivera Elementary School, Juanita Gardine K-8 School, Educational Complex High School, Central High School, Lagoon Street parking lot, Four Winds Plaza Shopping Center, Bordeaux Farmers Market, Fort Christian parking lot, Bertha C. Boschulte Middle School, and the Ivanna Eudora Kean High School.

Sen. Franklin Johnson inquired about the distance of POD locations from residents’ homes on St. Croix and urged emergency personnel to make more accommodations for residents, especially for those disabled.

“These are the folks that are left many times by the wayside,” said Johnson.

“We do need to find a suitable location on the western end of the island that can be qualified,” said Gittens.

Additionally, senators grilled emergency testifiers about generator issues at many of the emergency staff locations. Many senators expressed concern over facilities such as fire and police stations not having operable generators, as well as clogged guts and drainage that lead to flooded roadways in the territory after rainfall.

“Our firehouse should not be in darkness,” said Gittens, referencing the fire station in Grove Place.

“We have a problem behind the Windward Passage Hotel. There is open sewage in the street,” said Sen. Ray Fonseca, who also asked when the problem would be rectified. “We cannot have open sewage in the street.”

Gittens also showed an August 2014 video of St. Croix in an area on Melvin Evans Highway across from Diageo that typically floods and was cleared due to the assistance of community members to express “the problem” with landscaping and roadway maintenance in the territory.

“Up to last week Friday we were in conversation with Waste Management, their wastewater team,” replied Rueben Jennings, Public Works Department assistant commissioner of the sewage issue by Windward Passage. He added that the issue will be rectified “as soon as possible.”

Some senators expressed concern over the disposal of green waste. Jaschen told senators that there would be “temporary debris sites” to dispose of green waste but that “the U.S. Army Corps of Engineers has indicated that no green waste will be transported outside the territory and Gov. Bryan will need to identify the best options of addressing the hundreds of thousands of cubic yards of green waste which will be generated as a result of the hurricane impact to the territory.

When asked what his biggest fear for this hurricane season is, Jachen responded, “I worry about procrastination. I worry about complacency by members in our community.” He added, “We want to be prepared.”

Senators urged Jaschen to provide hurricane preparedness material to the public and to have it available at community areas such as grocery stores.

Other testifiers included Human Services Assistant Commissioner Carla Benjamin, Director of the Virgin Islands Fire and Emergency Medical Services Antonio Stevens and Police Department Assistant Commissioner Mario Brooks.

Senators present were Dwayne DeGraff, Ray Fonseca, Javan James Sr., Franklin Johnson, Kenneth Gittens, Diane Capehart, Alma Francis-Heyliger, and Milton Potter.