First of a two part narrative, and word of caution for the British Virgin Islands about a national state of denial that fails to see the threat of ‘overspill’ from a growing and dangerous antisocial sub culture prevalent in the neighbouring United States Virgin Islands
St. Thomas and St. Croix in the United States Virgin Islands, neighbouring islands of these British West Indian Virgin Islands, are two enchanting isles that have long been plagued by gangland type criminality and violence. The gang culture, rooted in many parts of St. Thomas and St. Croix, claims scores of lives annually: from stabbings to shootings, with many innocents caught in the hellish crossfire.
Recently, a dear daughter of these British Virgin Islands was gunned down indiscriminately in a gang type shooting on St. Thomas. And even before that, a Puerto Rican youngster on a cruise vacation with her family, was tragically struck and killed by a stray bullet while riding in a safari bus with her parents in the USVI Capital, Charlotte Amalie; this again, the consequence of an apparent gang war.
Yes, the frequent sound of gunshots, followed by wailing women, and then police and ambulance sirens, are a norm in that lovely but tragic land: a very American type Modus Vivendi. This is a deadly US street culture emanating from the black inner city and ghetto. A violent cultural subset promoted by a contemporary and unwholesome, but extremely popular rap music genre called ‘gangsta.’
Gangsta has become a major part of American subculture spawning a national brand and industry worth billions of dollars. This is money earned from a musicality promoting an antisocial and criminally alternative lifestyle that has become a way of life among many young blacks. Whites also buy into this music form, but do not take it on as a way of life, as many blacks appear to do. This may stem from the fact that the white family is less dysfunctional than a black family model which is plagued by absent fathers and single mothers. Gangsta is a destructive social subset that appears to attract black boys, youth, and young men predominantly and especially: a criminal and anti social octopus that has spread its tentacles into the British Virgin Islands, aided and abetted by a multibillion dollar and global US media infrastructure.
Attempts at combating this gang scourge in the USVI, and the apparent limitations in doing just that, were recently highlighted in two articles in the newspaper, Virgin Islands Daily News. The first was an article of March 9, 2012, titled ‘’ senate committee holds street gang prevention act.’’ The story spoke of USVI senators, and their determination that the proposed ‘’VI Street Gang Prevention Act, would unfairly target groups of young men, and others. That the Act would criminalize social activities, and lead to harassment and targeting of groups of young men,’’ which in this observer’s opinion was just another exercise in political obfuscation, even apathy. Consequently, proposed and much needed anti-gang legislation for the United States Virgin islands is in deep freeze, momentarily.
It appears the political establishment in the USVI- like the US National Rifle Association, and even the US Supreme Court- is more concerned about notions of individual freedom and liberty, than a pandemic of death reigning in the black community and neighbourhood. The violent street gang, and the gun culture in the USA are synonyms, and both feed off each other. This is a silly rendition of hopelessness by a US political, legal, and social establishment, with its head in the sand: and so let the slaughter, murder, and funerals continue, one might add! How ludicrous and ridiculous!
Photo courtesy ladyjacquelineofkingsdale.blogspot.com
Getting back to the USVI and the ‘’ street gang prevention act’’, and there was some further confusion, in that one of the reasons for holding up this anti-gangs Bill was its supposed similarity with another USVI Act called the ‘’ Criminally Influenced and Corrupt Organizations Act, or CIFCO, which already exists under VI Code.’’ According to the Daily News Writer, Daniel Shea, ‘’ CIFCO is geared toward white collar, non violent crime.’’ CIFCO may simply be a red herring though: a distraction from the main issue of using the law to tackle dangerous street gangs in the USVI!
Supporting, ‘the Street Gang Prevention Act,’ Attorney General Kippy Roberson described how the proposed legislation, ‘’ is geared toward different types of organization that are less official and less corporate entities.’’ It gives law enforcement more flexibility in dealing with the insidious, invisible and intangible nature of gangs.
Also supporting the Bill was USVI Police Department Counsel Frederick Handleman who said ‘’ that one of the major problems the new law would solve is in placing a legal definition of a gang, gang member, or gang activity, into local law.’’ Using his own words, Handleman believes the holdup is frustrating ‘’ our efforts to root out this malignance on our society.’’
Strangely, there is high level opposition to this proposed new law against gangs in the USVI. This is evident in Senate President Ronald Russell’s statement ‘’ that law enforcement agencies already have the tools they need, because all of the crimes gangs are involved in already, are chargeable offences.’’ Another Senator, Terrence Nelson, was concerned that the new legislation could ‘’ be used to harass black men in the territory.’’ And Senators Janette Millin Young, and Alicia Hansen ‘’ said they did not support the measure because they did not feel incarcerating more young men is the answer.’’
However, the VI Daily Staff Writer described how the new law would address other offenses ‘’ such as mandating penalties for those who recruit minors into street gangs.’’ The argument for this new law is that it is designed specifically to combat the gangland scourge in the US territory.
In a similar vein, a second article in the Virgin Islands Daily News of March 15, 2012, this time written by Staff Writer Michael Todd, titled ‘’ setback to Virgin Islands fight against illegal guns,’’ told the story of a man found carrying an illegal firearm who was subsequently exonerated on the flimsy legal assertion that there was ‘’ no reasonable suspicion the driver committed a traffic violation. ’’ This was another clear example of the legal establishment running away from taking a strong hand, and dealing aggressively with an insidious and dangerous gun problem in the USVI, and a problem driving gangland activity.
The incident in question involved USVI police stopping a car because the windows violated VI law prohibiting excessively dark tinting, and then consequently, the driver was discovered carrying a gun at his waist. The 3rd US Court of Appeal ruled that ‘’ officers must observe an actual violation before stopping a driver.’’ As a result this individual was subsequently freed. This is a ludicrous legality, even technicality, which puts the gunman and criminal in the driver’s seat, and law enforcement in the rear.
More ominously, this was a precedential decision that the VI Daily News Staff Writer determined ‘’ will now be used as a standard in applicable cases in the territory.’’ This is a situation where the ‘’ appeals court ruled that the traffic stop violated the defendant’s Fourth Amendment protection against unlawful search and seizure:’’ A case study on how not to fight against gangs and illegal guns in the neighbouring British Virgin Islands.
The USVI example of dealing with the gangland paradigm is one where law enforcement appears to have their hands tied behind their backs. The criminal is thus given a free reign to carry out his illegal and even diabolical activities with the full knowledge that he cannot be apprehended by a law more concerned with individual liberties than communal safety.
To be continued
