Crime/Police
High court awards man over 30k for unlawful search, malicious prosecution
(JTV News) – A man was awarded over $30,000 in damages by the High Court after he successfully sued the BVI Government through the Attorney General for unlawful search, wrongful arrest, false imprisonment, and malicious prosecution in which police officers broke into his home, handcuffed him, and took his sleeping baby away from his lawful care in 2018, according to the court judgment published on February 23, 2023.
Judge Heather Felix-Evans ordered, in the judgment, that the claimant, Damion Morgan, be paid for unlawful search ($7,500), damages for wrongful arrest and false imprisonment ($20,000), damages for malicious prosecution $5,000 and nominal damages for legal fees ($1,500).
Morgan, who was represented by attorneys Jamal Smith and Crystal McKenzie, was slated to receive pre-judgment interest on the global sum from August 6, 2018, to the date of judgment at a rate of three percent per year, in addition to the statutory interest of five percent per annum –from the date of judgment until payment in full and prescribed costs.
According to court records, an argument that developed between Morgan and his baby’s mother, Chrystal Mitchell, at his home, stemmed from an earlier incident in which he reportedly took the child away from Mitchell’s friend at the Festival Village in Road Town — sometime around midnight on August 5, 2018 — and brought the child back to his home in Harrigan Estate.
It is reported that the claimant (Morgan) prevented Mitchell from entering his home when she arrived to collect the baby. It is further reported that Morgan told his baby’s mother that she would be able to get the child the next morning because the baby is sleeping.
The child’s mother however reported the matter to the police who showed up at Morgan’s home and forced themselves then handcuffed him. The lawmen, who claimed to have called out to him, then took the sleeping baby and brought it to Mitchell.
The incident was witnessed by the claimant’s brother and his brother’s girlfriend, according to court records.
Morgan was charged at the Road Town Police Station with common assault against his baby’s mother and released later that day.
According to court records, Morgan said the allegation about a fight that occurred between him and his baby’s mother at his home, the night she came for their child ,were not true.
Court records show that police told Morgan that they did not have a warrant to enter his home and boasted that they did not need one and they would show him how the laws work.
Morgan also denied hearing sirens from the police and calls by the officers for him to open the door when they arrived at his home. In addition, court records indicate that the lawmen had no court order to take the baby from his lawful care.
Though Morgan was brought before the Magistrate’s Court to answer to the charges, the matter was discontinued about 14 months later by the prosecution.
The Royal Virgin Islands Police Force (RVIPF) has made a major breakthrough in addressing a string of burglaries that had left communities across the Territory on edge. A 17-year-old male from Jost Van Dyke has been arrested and charged in connection with multiple burglaries in Butu Mountain, East End, Great Mountain, and Mount Healthy.
The young suspect faces four counts of burglary and one charge of criminal damage, marking a significant development in the RVIPF’s efforts to combat crime in the region.
“This arrest demonstrates our commitment to addressing the concerns of our residents and ensuring that offenders are held accountable,” said Acting Commissioner of Police Jacqueline Vanterpool. She also called attention to the broader issue of youth involvement in criminal activities, emphasizing the need for community collaboration to tackle the problem. “It will take an all-hands-on-deck approach to solve this serious problem,” Vanterpool added.
While the arrest represents progress, police officials urge residents to remain vigilant. The RVIPF continues to seek information related to these burglaries and encourages the public to come forward with tips.
Anyone with relevant details can contact the RVIPF Intelligence Unit at 368-9339 or submit tips anonymously through Crime Stoppers at 800-8477 (TIPS) or 1-284-800-8477.
Richard Barronville and Khalid Smith have been charged with possession of a prohibited weapon and unlawful possession of explosives following a routine inspection of a vessel in the Frenchman’s Cay area on Thursday by the Virgin Islands Law Enforcement Marine Base Joint Task Force.
A statement from the Royal Virgin Islands Police Force (RVIPF) indicated that the two men—Barronville, 32, of Long Bush, Tortola, British Virgin Islands, and Smith, 24, from the United States—are expected to appear before the Magistrates’ Court at the next available sitting.
They were arrested on November 14 shortly after 11 a.m. by members of the Joint Task Force, which included officers from the RVIPF and His Majesty’s Customs.
A firearm and ammunition were discovered in the possession of the duo, who were subsequently taken to the Road Town Police Station.
The RVIPF urges anyone with information regarding individuals in possession of illegal firearms to contact Crime Stoppers confidentially at 800-8477 (TIPS) or overseas at (284) 800-8477, or the RVIPF Intelligence Unit at 368-9339.
The Royal Virgin Islands Police Force (RVIPF) is seeking assistance from the public in locating K’Shawn Martin, 18, who is wanted for questioning in connection with a recent shooting incident. Martin, described as 5’9” with a slim build, dark skin, and black hair, is being linked to the attempted murder of K’zhari Stoutt, which took place on Friday, November 8, 2024, on Sand Box Road.
Authorities report that Martin, last known to reside in the Sand Box Road area, may be armed and is considered dangerous. The RVIPF warns the public not to approach Martin if seen and instead urges anyone with information to come forward.
In addition to the search for Martin, police are also requesting information regarding the whereabouts of another individual, Shemoi Carey, who is also sought by the RVIPF’s Criminal Investigation Department. Tips can be directed to RVIPF’s CID at 368-5323. All information will be treated with strict confidentiality.
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