ST. CROIX — A federal magistrate judge received updates during calendar calls on five cases today in District Court involving two shootings, two cases of suspected fraud, and the alleged extortion of a Gallows Bay business owner.
Attorneys discussed delayed discovery of surveillance footage in cases involving the homicide of a Christiansted jeweler and suspected fraud concerning programs receiving federal funds, while the judge questioned the slow pace attorneys are moving toward a resolution in a case involving the alleged theft of coronavirus relief funds.
Attorneys provided the court an update on the potential acceptance of a plea agreement in a case involving the nonfatal shooting of a mother and her minor daughter, while the unavailability of the prosecution pushed the trial date of the extortion case to the end of March despite a desire from the defense to begin sooner.
Homicide case:
In the homicide case, Rakem Hendrickson is accused of fatally shooting 49-year-old Kailash Banani, who owned Panache Jewelers on King Street, on January 4, 2019 during a carjacking. Hendrickson, who has been detained pending trial, is federally charged with carjacking resulting in death in addition to local charges of first-degree premeditated murder and first-degree felony murder.
Assistant U.S. Attorney Barry Disney, who participated virtually, said the prosecution has requested for copies to be made of 17 compact discs at the Virgin Islands Police Department that primarily contain surveillance camera footage captured throughout downtown Christiansted so they can be given to the defense. He said both parties have indicated a willingness to discuss a plea agreement.
Attorney Joannie Plaza-Martinez, a court-appointed attorney who represents Hendrickson, also appeared virtually. She said her client is reviewing nearly 4,000 documents provided during discovery, noting the pending discovery of the surveillance footage. She said she has five motions to be filed for the appointment of expert witnesses, including a DNA expert.
U.S. Magistrate Judge Emile Henderson III scheduled the next calendar call for March 13, providing sufficient time for all motions to be filed and all discovery to be provided.
Fraud case:
The case of suspected fraud concerning programs receiving federal funds involves two defendants, Davidson Charlemagne, owner of D&S Trucking, and his wife, Sasha Charlemagne. They are both accused of money laundering conspiracy and making false claims upon the United States. The case involves a $4.4 million contract with the Virgin Islands Housing Finance Authority for storage and management of wood on the grounds at Alexander Henderson Elementary School that the Federal Emergency Management Agency shipped to the territory to be used for the reconstruction of commercial and residential buildings following the 2017 hurricanes.
Davidson Charlemagne, who is also charged with fraud concerning programs receiving federal funds and wire fraud, allegedly proposed for the co-owner of a St. Croix company known as ISG, or Island Services Group LLC, to submit a bid response to the woodpile storage request for proposals, with D&S Trucking as the subcontractor.
Darin Richardson, former VIHFA chief operating officer, was initially a third defendant in the case. His case was severed from the Charlemagnes’ case. He faces a local charge of criminal conflict of interest and a federal charge of making materially false statements for allegedly violating federal regulations by formally awarding the woodpile contract to ISG and D&S Trucking while also serving on the Bid Evaluation Committee.
The update provided during today’s calendar call focused on seven hard drives of surveillance footage the government is copying to provide to the defense. The judge learned the government has only completed copying five of the hard drives, and each defense attorney would like to receive their own copies.
Attorney Pamela Colon, who represents Sasha Charlemagne, said she was not expecting seven hard drives, requesting sufficient time to review them. She suggested it would pose a problem if the government only provided one copy of the hard drives for both defense attorneys to review.
Attorney David Cattie, who represents Davidson Charlemagne, participated virtually. He suggested for the government to point out parts of the surveillance footage pertinent to the case to speed up the process.
Assistant U.S. Attorney Yasir Sadat, who participated virtually, said the government could make two copies of each hard drive, clarifying it would take longer to do so as each hard drive is at least 1 terabyte. He said the government is trying to complete one copy of each hard drive, suggesting the defense attorneys could take turns reviewing them in a staggard fashion. Colon said staggering the review could take twice as long, noting both defense attorneys are entitled to receiving their own copies. Henderson asked if the government could identify relevant time stamps on the hard drives to aid the defense attorneys in their review. Sadat said the judge’s suggestion might be possible, clarifying he would have to concur with the agents.
Henderson scheduled the next calendar call for April 10 to provide sufficient time for the attorneys to resolve the discovery issue.
Theft of coronavirus relief funds:
The case involving the alleged theft of coronavirus relief funds involves defendants Morris Anselmi and Kimberly McCollum, co-owners of Island Services Group. They were both indicted on February 20, 2024 for allegedly stealing $500,000 in coronavirus relief funds. Anselmi and McCollum allegedly received Paycheck Protection Program loans from United Fidelity Bank and siphoned a portion of the loan proceeds into McCollum’s personal bank accounts before submitting applications to the U.S. Small Business Administration for forgiveness of the loans that falsely claimed the loan funds had been used for authorized purposes.
Anselmi and McCollum are both charged with wire fraud conspiracy and making false statements to the SBA and a financial institution. McCollum is also charged with wire fraud and mail fraud.
While McCollum was arraigned on February 28, 2024, Anselmi has yet to make his initial appearance in court because a “serious medical condition” has prevented U.S. marshals and the FBI from safely taking him into custody and bringing him before a magistrate judge in the Southern District of Texas, where he is located, according to a court document.
Attorney Scot McChain, who represents Anselmi, updated the court on a recent meeting with the prosecution as the parties work toward a resolution of the case.
“I think the results are ongoing,” he said. “We are continuing discussions with the government. It hasn’t resulted in a plea yet.”
Attorney Annabelle Nabra Nadler, who represents McCollum and appeared virtually, agreed that the parties are close to a resolution. Sadat also agreed. Henderson said it was like the sixth time he heard the same update, pointing out Anselmi has not even been advised of his rights yet despite being indicted almost a year ago. Nadler requested another 60 days.
Henderson scheduled the next calendar call for March 13.
Nonfatal shooting:
The case involving the nonfatal shooting of a mother and her 15-year-old daughter happened on July 4, 2024 at the Candido Guadalupe Terrace housing community. Miguel Marrero, a three-time convicted felon, has been charged with more than a dozen local offenses, including first-degree assault, third-degree assault, and brandishing a deadly weapon not in self defense. He was detained pending trial on July 9, 2024. During his detention hearing, the prosecution indicated the government intended to adopt the local charges against Marrero in addition to two federal firearm offenses — felon in possession of a firearm and illegal possession of a firearm in a school zone.
Attorney Jason Gonzalez Delgado, who represents Marrero and participated virtually, said the government extended a 20-year plea offer. He said his client asked for additional time to discuss the offer with his family, requesting another 30 days.
“He does not seem to want to go to trial,” Delgado said.
Assistant U.S. Attorney Daniel Huston did not object to the request for another 30 days. He said Marrero had two concerns with the plea offer — the significant prison time and the underlying charges to which he would have to plead guilty. He said he does not anticipate the government will change its offer.
“I don’t see a lot of flexibility there,” Huston said.
Henderson scheduled the next calendar call for February 14.
Extortion case:
In the extortion case, Delani Benjamin is accused of calling and texting a Gallows Bay business owner and demanding payment of $5,000. Benjamin allegedly told the victim the money needed to be paid for a drug debt, but the victim explained there was no drug debt. Then, Benjamin allegedly told the victim he was hired as a hit man. Benjamin allegedly told the victim that he would not follow through with the job if he was paid the money. Benjamin allegedly sent threatening messages via social media to the victim and the victim’s spouse.
The victim went to the FBI. Benjamin allegedly arranged to retrieve the money from the victim’s vehicle, which was under FBI surveillance. After being placed in custody, Benjamin told law enforcement officers someone told him to pick up something from the vehicle. Benjamin was, however, observed by law enforcement officers while allegedly speaking on the phone with the victim while at the scene at Altona Lagoon attempting to retrieve the money. Benjamin is charged with interstate communications and interference with commerce by threats or violence.
Huston, while providing an update on the status of the case, said he was still awaiting a trial date.
Attorney Renee Dowling said she would prefer any trial date as soon as the court can schedule it, asking if any dates have become available.
Henderson clarified the delay is the availability of the prosecution. Huston said the government would not be available until April. Henderson scheduled the next calendar call for February 14. He scheduled jury selection and trial to begin March 31.
