Man Who Lured and Killed Homeless Veteran Milton Gordon Sentenced to 30 Years

The sentence follows a global plea agreement between Branch and government prosecutors in which he agreed to plead guilty to the lesser included offense of second-degree murder. According to court records filed in the Superior Court of the Virgin Islands, Branch pleaded guilty to second-degree murder, an offense punishable under by a term of imprisonment of not less than five years. As part of the plea agreement, prosecutors recommended that Branch receive a 30-year term of active incarceration. The agreement also provided that any sentence imposed would run concurrently with the sentence in the murder case.

The agreement was entered into by the Government of the Virgin Islands through Attorney General Gordon Rhea and Assistant Attorney General Robert J. Pickett, along with Branch and his attorney, Territorial Public Defender Dwayne Henry. According to the agreement, on or about April 2, 2023, in Christiansted, Branch and Elijah Spencer intentionally shot and killed Milton Gordon with malice aforethought. The parties involved in the case also agreed that the plea agreement represented an appropriate resolution to the matter.

As part of the agreement, Branch waived several legal rights, including the right to appeal the entry of the plea, his conviction, and most aspects of the sentence imposed. He retains only the right to challenge the sentence if it exceeds the statutory maximum. The plea agreement also requires Branch to give up the right to bring post-appeal or collateral challenges to his conviction or sentence, except on the issue of ineffective assistance of counsel if it was not known at the time the plea was entered. He specifically agreed not to file a motion attacking his conviction or sentence.

Should Branch attempt to vacate the plea, dismiss the charges, or reduce or set aside the conviction or sentence, prosecutors retain the authority to prosecute him on the counts involved, reinstate any charges dismissed or reduced under the agreement, and pursue additional charges that would otherwise have been barred by the plea arrangement. By signing the agreement, Branch also waived objections, motions, and defenses that could challenge the government’s decision to pursue such actions, including objections based on statutes of limitation or claims related to the Speedy Trial Clause of the Sixth Amendment.

The agreement further states that Branch waived all rights to request, demand, discover, or receive records related to the investigation or prosecution of the case from any department or agency of the Government of the Virgin Islands, including the Department of Justice and the V.I. Police Department. This waiver includes records that might otherwise be accessible under the territory’s public records laws.