2 men arrested in connection with St. Croix gunfight that injured 2 kids

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ST. CROIX - Police have arrested two men witnesses said were involved in a daylight gunfight in D. Hamilton Jackson housing community last month that left two children injured and buildings and vehicles in the area damaged by gunfire.

Kirk Jordan, 38, and Johnny Encarnacion, 41, both appeared in Magistrate Court on Tuesday to be advised of their rights on charges of third-degree assault; carrying a dangerous weapon during the commission of a violent crime; unauthorized possession of a firearm; possession of a firearm during the commission of a violent crime; reckless endangerment; failure to report a firearm brought into the territory; discharging or aiming a firearm; and possession of ammunition.

According to police, the charges stem from the June 6 shooting in which emergency dispatchers received calls from housing community residents reporting shots being fired followed by calls that two children had been injured as the men recklessly engaged in the gunfight, according to police.

The affidavit in support of the arrest warrant filed by V.I. Police Detective Moses President said when he responded to the scene, he met with witnesses who described Jordan driving into the housing community to drop off a woman and her child. When he drove up to the parking area, Encarnacion walked into the archway of one of the buildings, then came out firing shots in Jordan's direction, the report said.

Witnesses told police Jordan returned fire, and some witnesses said they saw him fumbling to reload the handgun while sitting in the car, but when the gun was not reloaded fast enough, he sped away from the area with the handgun in his hand, still visible to witnesses, the affidavit states.

President said witnesses identified both men to police, saying they frequent the housing community. Police said they found 9 mm shell casings and .40-caliber shell casings on the scene, consistent with a shoot-out.

President said police were told that a 6-year-old and a 9-year-old had been injured by gunfire and were being treated at Luis Hospital. He said the children said they were playing outside when they heard the sounds of gunfire and saw the men shooting.

Police were advised by the V.I. Superior Court Marshal's Office that Jordan had been released on pre-trial conditions of a 24-hour house arrest without the use of an electronic monitoring device and was supposed to be on house arrest at a Mon Bijou location or at his family business in Estate Glynn.

President said that after the shooting, officers fanned out in hopes of locating the men and quickly learned that Jordan was not working and that he had not been staying at the Mon Bijou home, but was at a Hospital Street location. Police found his bullet-riddled vehicle on Hospital Street, but did not find Jordan until he turned himself in the following day, accompanied by an attorney.

He gave police a video statement and confirmed witness statements about Encarnacion opening fire, according to President's affidavit. He did not admit to exchanging gunfire and was charged only with contempt of court for changing his address without the court's knowledge.

Encarnacion remained at large until he was arrested on the warrant Monday.

Bail for both men was set at $75,000.

Tuesday morning, V.I. Superior Court Judge Douglas Brady conducted a hearing on the contempt charge and determined that he would revoke the conditions of release against Jordan stemming from the December gun charge arrest.

Prosecutors had filed a motion to also find Jordan's sister in contempt of court because she served as his third-party custodian and did not notify the court he was not living with her, and Brady admonished her Tuesday. The judge advised her that she no longer can serve as Jordan's custodian and that he will need to have another custodian approved by the court, and his attorney, Michael Joseph, will have to propose more stringent release conditions before his release is considered.

The woman had told the court she was not sure what contempt is and did not realize she was expected to report Jordan's whereabouts. Brady read the undertaking that she signed in agreeing to be the custodian, and when he read it he said there was nothing that specifically outlined that responsibility.

Assistant Attorney Zuleyma Chapman pointed out to the court that while the custodian did not sign to do so, she verbally accepted that responsibility when she was interviewed before being accepted as a suitable custodian. Chapman said not having the terms in the document custodians sign renders it toothless, and perhaps it must be updated for future use.

Jordan was arrested in December on a charge of unauthorized possession of a firearm, stemming from a Nov. 23 incident in which police said Jordan shot local DJ Marvin "Scrappy" Goodwin in the head and failed to notify police or emergency medical technicians in a timely manner.

Jordan said it was an accidental shooting but hid the firearm, tried to doctor the crime scene and made a series of false statements in an attempt to cover up how the shooting occurred, according to police.

Police still have not been able to take a statement from Goodwin, who continues to recover from his injuries, so they have not yet completed the investigation or charged Jordan in that shooting.

Jordan's bail in that case was set at $25,000, and at the time, Magistrate Jessica Gallivan allowed Jordan to be released to the third-party custody of his sister.

- Contact reporter Fiona Stokes at 714-9149 or email fstokes@dailynews.vi.

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