Police Commissioner blasts judge over gun sentencing
Published: July 31, 2010
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ST. THOMAS — A suspended sentence handed down by a V.I. Superior Court Judge on Thursday sparked outrage from the territory’s top police official.
Virgin Islands Police Commissioner Novelle Francis Jr. characterized the punishment that Judge Michael Dunston meted out to Jamal Wesselhoft for drugs and weapons convictions as “a slap on the wrist” and said “this is unacceptable.”
Police, acting on an anonymous tip, arrested Wesselhoft on Jan. 1 after a high-speed chase and charged him with two counts of possession of an unlicensed firearm, simple possession of a controlled substance and possession of a controlled substance with intent to distribute, after police found an AK-47 assault rifle, a .40-caliber handgun, a 30-round loaded magazine, and a large quantity of marijuana and cocaine in a vehicle Wesselhoft was driving.
Several days later, Wesselhoft pleaded guilty to all the charges, and, on Thursday, he received a two-and-a-half-year suspended jail sentence, two years of probation and 200 hours of community service.
“This sentence has left a sour taste in the mouth of the law enforcement community,” Francis said in a press release, issued Friday. “At the same time, the criminals are enjoying a banner day. There is something seriously wrong with this picture. For these crimes, Judge Dunston grants Wesselhoft less than two years probation with credit for time served? This is wrong on so many levels.”
When asked to respond to Francis’ remarks, Dunston declined.
“The judge says he does not wish to comment,” Laura Laplace, Dunston’s secretary, told The Daily News.
As part of his sentence, Dunston also ordered Wesselhoft to enroll in training at the Marine Mechanic School and to seek and maintain gainful employment. Wesselhoft also was fined $200 in probation fees and $75 in court costs.
In addition, once Wesselhoft completes his probationary period without running afoul of the law, his record will be expunged, according to court records.
Assistant Attorney General, Renee Gumbs-Carty, who prosecuted the case, said she did not wish to be quoted, when contacted about Wesselhoft’s case.
Defense attorney, Leonard Francis, also refused to speak about his client’s sentence.
“I’m telling you no, I have no comments,” he told The Daily News.
Former Sen. Carmen Wesselhoft, who was in the courtroom at the sentencing of her nephew also would not comment. During her term, she was chairman of the Legislature’s Public Safety, Homeland Security and Justice Committee.
Commissioner Francis said that light sentences for serious crimes “erode the morale of the officers who have to see these criminals out on the streets again.”
“At one point, officers have to question what is the use of the arresting them? And what about the citizen who called the police and reported Wesselhoft with the gun? That person took a risk and believed in the system and justice has not been served,” Francis said. “And, more importantly, these light sentences embolden the criminals to commit more crimes when the word travels on the streets that another brazen criminal act has been virtually ignored by our criminal justice system.”
At approximately 8:40 p.m. on New Year’s Day, a resident notified police that a man was in the Paul M. Pearson Gardens housing community walking around with a machine gun, according to Francis Brooks, the officer who made the arrest.
The caller told police that the gunman was driving a green Honda Element. Police responded, and, as they were ready to enter Pearson Gardens, they were told that the man was getting ready to leave in his vehicle. Some officers entered the Pearson Gardens community, while Brooks and Officer Enid Edwards remained outside and saw the Honda Element speed out, heading east toward Mandela Circle, Brooks said.
The driver ignored the stoplight at Mandela Circle as officers pursued the car, finally stopping it on Flag Hill Road. Police instructed Wesselhoft to get out of the car with his driver’s license and proof of insurance. Brooks then ordered the man to lie on the ground with his hands apart after Brooks saw the 30-round magazine sticking out of the left front pocket of the man’s pants, according to Brooks.
Sgt. Aaron Krigger removed the magazine and the handgun from Wesselhoft’s waist, after Wesselhoft told the officer where to find the weapon. Wesselhoft was then read his rights and arrested. His bail was set at $61,000.
Another officer, who searched Wesselhoft’s car, recovered about 16 bags of cocaine, marijuana and the assault rifle.
“At a time when we are trying to send a strong message of zero tolerance to the gun toting criminals, the courts are not applying a sentence that demonstrates there are consequences to their actions,” Francis’ statement.
