Clark, Coki And The Constitution Raise Stateside Scrutiny Of Virgin Islands To Troubling Levels
Sharply escalating national attention on issues of law enforcement and governance place VI on negative display to nation, world - and then there are the "Rum Wars."
Sometimes seemingly unrelated circumstances can come together to cause far reaching consequences and the convergence of the case against Alcohol Tobacco and Firearms (ATF) Special Agent William Clark, the Coki Point Shootout and the controversy around the draft Virgin Islands Constitution have created such an event.
All of these incidents have gained national visibility; all of these incidents place the Virgin Islands in a negative light; and ultimately, these incidents together are creating the perception of a “lawless” community across the nation and the world.
The Case Of Agent Clark
Let’s start with the case of Agent Clark. The bare facts are that in September, 2008, Clark shot and killed Marcus Sukow, his neighbor, in the course of the domestic violence dispute involving Sukow and his girlfriend. Clark, who was off duty at the time, was subsequently charged with second-degree murder, voluntary manslaughter and two counts of using a dangerous weapon. His trial is currently pending in the Virgin Islands courts, scheduled to begin in October.
Controversy swirled immediately around whether the shooting was justified and whether Clark, a federal agent, had jurisdiction to take his actions and whether he was Constitutionally protected for his actions in the Virgin Islands.
The case has moved beyond the incident and has escalated into a dispute between local law enforcement and the Federal Authorities. After Clark was charged in 2009, all ATF agents were removed from the Territory and the VI Government was informed that ATF agents would no longer respond to crimes in the Virgin Islands.
And on June 30, Rep. Chris Lee, (R-NY) announced he is introducing a resolution in the US House of Representatives that categorizes Clark as a “hero” and his upcoming prosecution as “unjust” and in violation of the “Supremacy Clause” of the US Constitution. (letter attached).
Attacking the court ruling that upheld prosecution in the Virgin Islands, the Lee letter states that Clark is immune from local prosecution as Article VI of the US Constitution protects law enforcement officers whose actions would be deemed proper if the action occurred in the United States under the “Supremacy Clause.” The local ruling, Lee writes, upholds the prosecution because it says the clause says “states” and not “territories,” and therefore is not applicable in the VI. “In short,” he wrote, “the court ruled that the US Constitution is not applicable in the US Virgin Islands.”
This week, VI Delegate to Congress Donna Christensen issued a statement objecting to Lee’s upcoming resolution, calling it a “public relations” ploy to support Clark and asking the Congress to refrain from getting involved in matters whose jurisdiction lies in the VI Court system.
Coki Point Shootout
As we reach the end of the week that began with the shootout at Coki Point, we cannot even count the number of national news stories pointing a bright light at the danger that awaits in the US Virgin Islands. Cruise lines are suspending shore excursions, hotel reservations are being cancelled and local businesses are already seeing the impact from Monday’s tragic events.
The Department of Tourism is scrambling to mitigate the damage, even sending representatives to Puerto Rico today for the funeral of the 14-year-old tourist who was one of the fatalities of the shootout; the Attorney General has made statements this week that the judiciary is going to clamp down on criminals by denying bail in cases of violent crime. Meanwhile, the local population wonders why it took the death of a tourist to wake up the Administration to the crime epidemic that has already resulted in 44 deaths by violence in the Territory this year.
A spokeswoman for the VI Police Department told ABC news that in 2009, the VI murder rate was 51 per 100,000 population, a figure eight times the US average. The violence was concentrated on St. Thomas, the center of population and the tourist industry. St. Croix and St. John had far less criminal activity.
Perhaps equally disturbing is the realization that during the past few days, serious questions have arisen about whether the entire tragedy could have been avoided if some basic and obvious preventive measures had been taken by the Virgin Islands Police on St. Thomas.
Witnesses who attended the funeral preceding the graveside ceremony at Coki Point where the shooting occurred have reported that a significant number of individuals with weapons were in front of the church during the funeral ceremony and that there was no police presence in or near the church.
The funeral, highly visible as it was the service for the victim of the Tutu Park Mall shooting, was widely publicized in the community. Yet, in a radio interview the night of the incident, Police Commissioner Novelle Francis said the lack of police presence was because the department was unaware that the service was being held that day.
If this is true, then it is an example of unimaginable negligence by the police department. And the statement only adds fuel to the fire burning in the media questioning the ability of local law enforcement to protect anyone – local and tourist alike – and adding support to the calls for Federal intervention to enforce the law in the Territory.
The VI Draft Constitution
Meanwhile, the status of the draft VI Constitution hangs in limbo, and is to be returned to the Territory for revision. And while the majority of local focus has been on the ancestral and native rights provisions in the document, many of the Congressional objections center on the question of the supremacy of the US Constitution and provisions in the VI draft viewed in conflict with that supremacy.
How It All Comes Together
Like it or not, perception is reality. Whatever your opinion on the circumstances outlined here it cannot be argued that the surge of negative publicity, combined with the ongoing coverage of the “Rum Wars” triggered by the Diageo deal, are placing the Territory in a precarious position that is and will continue affecting the financial health of the Virgin Islands.
A common thread that runs through all of these issues is the lack of any proactive initiative from the local Administration to counteract these issues before they are raised to the level of national focus. In the case of Agent Clark, there was no response to the Lee initiative by the Delegate until the issue surfaced on local talk radio; in the case of the crime epidemic, the Governor’s response prior to the Coki Point incident and even his statement immediately thereafter, pointed the finger at parents and guardians as “enablers” instead of taking responsibility for a lukewarm response to the scope of the criminal activity leading to this most recent incident. One cannot ignore the disparity in response to the death of a tourist and the deaths of some 43 local residents preceding this admittedly tragic incident. Nor can one ignore how this response is playing in the national press.
Add to this the tortured journey of the Constitutional draft, and the public opposition to the document by both the Governor and the Delegate, and the case for some type of Federal intervention in key areas of the Territory’s existence gets stronger by the day.
We must ask ourselves, where is our line of defense against the mounting perception that we are a lawless community, unable to govern ourselves and protect ourselves and others? Strong leadership, willing to take responsibility for the current situation and demonstrating the ability to correct these issues in the future, has never been needed more.
And if we don’t have it now, we better make sure we elect it in November.
Correction: That’s why important information is hidden in books because they know we DO NOT read.
Thanks for the above advice.We should all read to broaden our horizon. What does the video have to do with the discussion here? It shows a white woman talking about an education program.Why should I enrich her by ordering the video which coat $18.00+ ?
I would have never dreamed we as virgin islanders would reach at such a low in our society. the status quo must change, we owe it to ourselves, and our childrens future.
The problems in the Virgin Islands are a result of it being under U.S. laws and not being able to control it’s borders and determine who can and cannot become citizens. Other islands such as Turks, Grand Cayman, and BVI who control access to their islands and do not allow aliens to come in do not have the over population, crime, and financial problem that the VI has due to all the non native people who reside there. It’s like the gift and the curse being a U.S. territory.
But the people of the VI are too blame as well because all they ever seem to be concerned about is getting a government job and retiring instead of being concerned with the actual well being of the islands. This colonial mentality allowed these rejects from other islands and the States to come set up shop drain the islands of it’s resources and then go back where they come from.
@ ‘Real Talk’:
whereas I can subscribe to much of what you have said regarding the real problems in the Virgin Islands being attributable to its ‘being
under U.S.laws and not being able to control its borders’, I beg to differ with your characterization when you say,in your description of those who have come to ‘set up shop and drain the islands of its scarce resources’,as being ‘rejects’ of the territories from whence they came.
Yes,many Americans and non-Americans may have come and ‘set up shop’ and have since moved on.But while there,they certainly contributed to the overall economy by the paying of taxes,the purchasing of property,
the buying of food and what have you.Some,and I do believe they are the minority,may even have been dependent upon the territory for a monthly stipend,but that is not reason to be labeling a set of people as being ‘rejects’
Hey,I can understand your frustration as to the what’s going on in your neck-o’-the -woods these days and your feeling trapped and or betrayed,but,as you correctly surmised ‘it is the people of the Virgin Islands to blame’ as their main concern has been,for decades,
about ‘getting a government job and retiring’….’instead about being
concerned of the actual well being of the islands’.
Wake up!It isn’t the ‘rejects’ who have brought you and your people to where you are today.It is,and has been,your politicians.
Should have also mentioned,it isn’t only about the looking for government jobs and retirement that has contrbuted to today’s mess,as there are (and have been) oodles of professionals in various fields of endeavor who have,for decades,’set up shop’,made their millions and sent them overseas…none of which circulated in the local economy
to benefit the people and the base of their operations.
You people need to understand what has been and what is still going on.
Wake up!
Rather than rejects, let’s call them the modern-day adventurers and settlers. They come here and see opportunity. The locals (indians) are irrelevant but in the way, although they were welcoming and helpful at first. We all know the rest of the story.
I just heard “General” on Jimmy’s show complain that when a burglary alarm went off in Castle Burke, it took the police 5 hours to respond. Meanwhile, I hear that on Main Street, St. Thomas, they have a policeman on every corner when the cruise ships are in as a response to the crime situation.
Look at Nadir, Willm’s Delight, crime, cost of living, property tax debt, and neglect of services!! It’s right in our faces….PACK UP AND MOVE OUT OF THE WAY!!
500 years of someone else’s indoctrination. What we are experiencing now is part of a larger plan. Fortunately enough, more people are waking up to the reality that our present day system was planned long ago. Our people known for traits such as generosity, kindness and acceptance of all were in turn used against us. This is the reason we find ourselves in this present daymare. We are seen as pawns for someone else. Unwittingly, many of those we know participate as agents fleecing the Virgin Islands for short term gains. Not realizing their actions equate to eating the flesh of the still living.
In the end, who pays for the destruction and loss of lives that could have been prevented on sooooo many levels? Until the majority of the people realize that the only thing a shepherd does is protect and prepare the flock for the time of fleecing or dining upon we will continue in this downward spiral. Only we can save ourselves.
Are we willing to continue sacrificing our children for people only interested in their own agendas? We need people in positions who are only interested in putting the needs of the Virgin Islands and her people 1st, 2nd and 3rd in our short term and long term plan.
Why do we allow Herb to get any attention for his extreme right-wing, race baiting comments that he uses to generate attention for himself and chase republican leaning voters to hide less they be accused of agreeing with his nonsense.
Who is “we”? BTW most Republicans are to the right of my Libertarian principles. The GOP has a wonderful BIG TENT approach where even Libertarians are allowed to come in and get out of the rain.
Were are the guns coming from since we do not have gun manufacturing facilities? Who knows, there is a game distract and divert attention from something bigger. Property taxes, our constitution, status, oil, tourism, policies of displacement are at work. For an example of steal the bacon, I submit the following:
http://intelligencenews.wordpress.com/2010/07/06/01-509/
The guns are coming through alien invasion. Beings from Mars are bringing them by an invisible space ship. We must march against aliens!