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
v.
PEOPLE OF THE VIRGIN ISLANDS,
EMPLOYEES OF THE BUREAU OF
CORRECTIONS and WYNNIE TESTAMARK,
ET AL . ,
Respondents
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,
2 Adrian Benjamin v. People o f the Virgin Islands VI SUPER35U
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.
3 Adrian Benjamin v. People o f the Virgin Islands VI SUPER35U
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 Adrian Benjamin v. People o f the Virgin Islands VI SUPER35U
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.
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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
v.
PEOPLE OF THE VIRGIN ISLANDS,
EMPLOYEES OF THE BUREAU OF
CORRECTIONS and WYNNIE TESTAMARK,
ET AL . ,
Respondents
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,
2 Adrian Benjamin v. People o f the Virgin Islands VI SUPER35U
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.
3 Adrian Benjamin v. People o f the Virgin Islands VI SUPER35U
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 Adrian Benjamin v. People o f the Virgin Islands VI SUPER35U
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
5 Adrian Benjamin v. People o f the Virgin Islands VI SUPER35U
Petitionfor Habeas Corpus
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