IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

DIVISION OF ST. CROIX

ADRIAN BENJAMIN Civil No. SX-21-MC-004

Petitioner PETITION FOR WRIT OF

HABEAS CORPUS

PEOPLE OF THE VIRGIN ISLANDS,

EMPLOYEES OF THE BUREAU OF

CORRECTIONS and WYNNIE TESTAMARK,

ET AL . ,

Respondents

Cite as: 2023 VI SUPER 35U

Adrian Benjamin, #19-1969

CCA/Citrus County Detention Facility

#2604 West Woodland Ridge Dr.

Lecanto, Florida 34461

Attorney Ian S.A. Clement, Esq.

Assistant Attorney General

Virgin Islands Department o
f Justice

#34-38 Kronprindsens Gade

GERS Complex, 2nd Floor

St. Thomas, USV.I. 00820

Senior Sitting Judge Joma Meade

MEMORANDUM OPINION AND ORDER

1. THIS MATTER is before this Court on the Petition of Adrian Benjamin

(hereinafter "Petitioner") seeking a Writ of Habeas Corpus. Because the

Petitioner has failed to allege facts which show that he is being lawfully

restrained in violation of a constitutional or statutory right, the Petition is

DENIED.
Adrian Benjamin v. People o
f the Virgin Islands VI SUPER35U

Petition for Habeas Corpus

SX-21-MC-004

FACTUAL BACKGROUND

2. On January 23, 2009, several shootings occurred in the Mutual Homes

Apartments and neighboring Lorraine village Apartments on St. Croix. George

Simpson was shot and killed as a result of the shootings and a number of other

persons were injured, a minor identified as R. M . , Ismael Jeffers, Jamal Francis

and Julian Brown.

13. On February 1 3 , 2009, the People filed an Information against Petitioner,

and several other co-defendants for their roles in the shootings. On January

3 1 , 2 0 1 1 , a trial by jury began. Before the trial commenced, the People filed a

Superseding Information charging Petitioner and the co-defendants with:

Count I first-degree murder of George Simpson in violation of 14 V.I.C.

§922(a)(l) and 923(a); Count II attempted first-degree murder of R.M. in

violation of 14 V.I.C. § 11(a), 331 (1), 922(a)(D), and 923(a); Count III

attempted first-degree murder of Ismael Jeffers in violation of 14 V .LC. § 1 1 (a),

3 3 1 (1 ) , 922(a)( I), and 923(a); Count IV attempted first degree murder of Julian

Brown, 14 V.I.C. § I !(a), 3 3 1 (1 ) , 922(a)(l), and 923(a); Count V attempted

first degree murder of Jamal Francis in violation of 14 V.I.C. § 1 l(a), 3 3 1 (1 ) ,

922(a)(l), and 923(a): Count VI third degree assault of R.M. with a deadly

weapon in violation of 14 V.IC. $ 1 1 ( a ) and 297(2); Count VII third degree

assault of Ismael Jeffers with a deadly weapon in violation of 14 V.I.C. § 1 l(a)

and 297(2); Count VIII third degree assault of Julian Brown with a deadly

weapon in violation of 14 V.I.C. § 1 l(a) and 297(2); Count IX third degree

assault of Jamal Francis with a deadly weapon in violation of 14 V.I.C. § I !(a)

and 297(2) and Count X reckless endangerment in violation of 14 V.I.C.

§ 11(a), and 625(a)

911 4 . After three weeks of trial, the Court submitted the case to the jury. On

February 23, 2011, the jury found Petitioner guilty of reckless endangerment

and unauthorized possession of a firearm but acquitted him of the other

charges. The Court declared a mistrial on the lesser included offenses of

second-degree murder and four counts on third-degree assault. On June 3,

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Petition for Habeas Corpus

SX-21-MC-004

2011, the People filed a Third Redacted Superseding Information charging

Petitioner with one count of second-degree murder of George Simpson and four

counts of third-degree assault. The second trial began on June 6, 2011, and

the jury found Petitioner guilty of second-degree murder and four counts of

third-degree assault. The Court sentenced Petitioner to sixty (60) years

imprisonment of second degree murder of George Simpson, five years for the

third degree assault of R . M . , five years for the third degree assault of Ismael

Jeffers, five years for the third degree assault of Julian Brown, five years for the

third degree assault of Jamal Francis, five years of reckless endangerment and

twenty years for the unauthorized possession of a firearm, to run consecutively.

The sentence was memorialized in a Judgment and Commitment by the

Superior Court on March 14, 2 0 1 2 .

91 5 . Petitioner is currently incarcerated at the Citrus County Detention Facility

located at 2604 W. Woodland Ridge Drive, Lecanto, Florida but remains under

the care and custody of the Virgin Islands Bureau of Corrections and its

Director Winne Testamark.

91 6. Petitioner filed this Petition for Writ of Habeas Corpus alleging that the

People of the Virgin Islands, the employees of the Virgin Islands Bureau of

Corrections ('BOC"), and Director Winne Testamark, et al., are detaining him in

violation of his liberty based on the assertion that he received multiple

sentences for a single offense.

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Adrian Benjamin v. People o
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Petition for Habeas Corpus

SX-21-MC-004

THE LEGAL STANDARD

91 7. Under Virgin Islands law, any person who believes that he/she is

unlawfully restrained of his/her liberty may seek redress from the Superior

Court by filing a petition for a writ of habeas corpus. Title 5 V.I.C. S 1 3 0 1 ; Hab.

Corp. Rule 2(a)(l). The Court must issue the writ if the petition states a prima

facie case for relief, and the claims are not legally barred. Hab. Corp. Rule 2(d)( 1).

In determining whether the Petitioner has stated a prima facie case, the Court

must consider whether the factual allegations, if true, would entitle the

Petitioner to relief. Hab Corp. Rule 2(b)(l). When a court grants habeas corpus

relief, it may order a remedy other than discharge from incarceration, Rivera

f the Virgin Islands, 6

1 V.I. 279

, 298 (V.I. 2014) and may award
Moreno v. Gov't o

a different form of relief or remedy as justice may require. V.I. Hab. Corp. R. 2(h).

ANALYSIS

A. Petitioner Failed to Establish a Violation of V.I. Code Ann. Tit. 14

§104 or the Fifth Amendment Guaranty Against Double Jeopardy

91 8. Petitioner alleges that his sentence violates the "one crime, one

punishment" rule of V.1. Code Ann. Tit. 14 §104 and thus his incarceration

constitutes a deprivation of his rights and places an unlawful restraint on his

liberty. Petitioner correctly states the principle of V.I. Code Ann. Tit. 14 § 1 0 4 ,

where he states, "an individual may only be punished for one of the offenses

arising out of singe act." However, Petitioner failed to recognize that there were

multiple victims related to his offense and there exists a "multiple-victim"

exception to V.I. Code Ann. Tit. 14 $104. The Virgin Islands Supreme Court has

4
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Petition for Habeas Corpus

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found that V.I. Code Ann. Tit. 14 is not violated when a defendant has

committed a single act of violence that harmed or risked harming more than

one person. Woodrup v. People o
f the Virgin Islands, 63 V.1. 696, 722-23 (V. I .

2015), (finding that the "multiple-victim exception applies" when a defendant

commits a single act of violence that harmed or risk harming more than one

person), Williams v. People o
f the Virgin Islands,

56 V.I. 8

2 1 , 83 0-3 1(V.1. 2 0 1 2 ) .

Here, Petitioner was found guilty of second degree murder for the death of

George Simpson. In addition, Petitioner was found guilty of four counts of third

degree assault on R. M . , Ismael Jeffers, Julian Brown, and Jamal Francis,

respectively. He was also found guilty of reckless endangerment and the

unauthorized possession of a firearm.

'II 9. Petitioner also argues his sentence violates double jeopardy because the

United States Supreme Court has held that multiple convictions for the same

offense constitute an impermissible punishment. The prohibition against being

tried twice for the same offense is rooted in the United States Constitution's

Fifth Amendment which states, "No person shall be subject for the same

offense to be twice put in jeopardy of life or limb " (U.S. Const. amend. V).

Petitioner correctly states multiple rules and rights created by the Fifth

Amendment, but the facts of his case are not applicable and do not violate the

double jeopardy clause. As previously discussed, Petitioner was not convicted

of the same offense multiple times. He was convicted of several offenses which

involved multiple victims, and he was sentenced for the acts he committed

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Petitionfor Habeas Corpus

SX-21-MC-004

against each victim and the offences of reckless endangerment and

unauthorized possession of a firearm. His sentence was, therefore, lawful under

the Laws of the United States Virgin Islands and the United States Constitution.

CONCLUSION

91 10. There is nothing to indicate that the Respondents are unlawfully depriving

the Petitioner of his liberty through the violation of a constitutional or statutory

right. Petitioner is not entitled to relief under any ground raised in his Petition.

Petitioner failed to state a prima facie case, showing an entitlement to Habeas

Corpus relief. Accordingly, it is

ORDERED, ADJUDGED and DECRRED that the Petition for Writ of

Habeas Corpus is DENIED.

DONE AND SO ORDERED this 26t day of June 2023.

Senior Sitting Judge of the Superior Court

A T T E S T

TAMARA CHARLES

Sharisse A. Bascombe
Clerk of the Court

BY: _

Court Clerk Supervisor

6
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS
District of St. Croix

Adrian Benjamin, Case Number: SX-2021-MC-00004
Petitioner Action: Writ of Habeas Corpus
v.

People of the Virgin Islands et al,
Respondent.

NOTICE of ENTRY
of
Order
To Adrian Benjamin Ian Clement, Esq.
:

Please take notice that on June 27, 2023
a(n) Memorandum Opinion and Order
dated June 26, 2023 was/were entered
by the Clerk in the above-titled matter.

Dated June 27, 2023 Tamara Charles
:
Clerk of the Court
By:

Sharisse Bascombe
Court Clerk Supervisor