August Case Dismissals Highlight Witness Challenges in VI

The V.I. Justice Department this month filed motions to dismiss dozens of felony criminal cases, several of which involved serious alleged offenses, including attempted murder, rape, and child pornography. Prosecutors regularly cited difficulty bringing witnesses to testify. Other dismissals were left unexplained by documents filed in V.I. Superior Court.

The dismissed cases included those against a St. Thomas woman who reportedly admitted to sexually abusing a minor relative, two bartenders who were arrested last summer and charged with raping a hotel guest, and a man charged earlier this year with computer pornography, obscene internet contact with a minor, second-degree unlawful sexual contact and possession of depictions of sexually explicit conduct involving a minor. At least two attempted murder cases were dismissed this month when victims declined to cooperate with law enforcement or pursue charges.

In a statement provided to the Source, a Justice Department spokesperson noted that cases are typically dismissed without prejudice, “which means that if the victims or witnesses decide to cooperate in the future, or new evidence comes to light, the matters could be recharged.”

But not always. Attempted murder, assault and mayhem charges against Mario Magras and Reynaldo Philbert Jr. — who were arrested in the wake of a 2019 shooting at David Hamilton Jackson Terrace, which put four people in the hospital — were dismissed with prejudice earlier this month.