ST. CROIX — Jury selection in the trial of a retired police lieutenant accused of crashing into the side of an oncoming vehicle while driving under the influence in 2023 is scheduled to begin during the first week of April in Superior Court on St. Croix, according to court documents.
Walton Jack Jr., who is now assistant sergeant at arms for the Legislature of the Virgin Islands, was charged with DUI and negligent driving following an automobile accident on May 1, 2023.
Jack allegedly veered his Dodge Ram into oncoming traffic while intoxicated, colliding with a woman transporting her husband and son in a Hyundai Accent at about 7:50 p.m. on Northside Road near Estate St. John.
The woman told police she observed a white truck traveling toward her in her lane so she quickly pulled to the left to avoid it, but that the truck hit the right side of her vehicle and pushed her onto the shoulder of the road, according to the probable cause fact sheet submitted by police officer Sharverna Chooran, who investigated the collision. The woman requested medical attention for her husband, who was riding in the front seat and complained of chest pain, and her son, who was riding in the back seat and was not injured.
Jack, who admitted that he had “one beer,” failed all three standardized field sobriety tests conducted by Chooran, according to the probable cause fact sheet. Chooran noted Jack was clearly incoherent and unable to locate his driver’s license despite holding it in his hand, and that he kept repeating the same phrase when asked how the collision occurred, had glossy eyes, and had a strong smell of alcohol on his breath and person.
Jack initially agreed to a chemical test of his breath while at the police station but later refused after making a phone call. He began arguing with officers stating he did not fail the field sobriety tests, it was political, and that “we gone learn,” according to Chooran’s sworn statement. He was then arrested for DUI. He had no prior conviction on record at the time of his arrest.
Evidence may be used against any person arrested for DUI who refuses to submit to a chemical test in addition to the suspension of driving privileges, according to the Virgin Islands Code. Any person convicted of a first violation for DUI can be sentenced to prison for up to one year and fined at least $300, or both. The minimum fine increases to $500 if the person was involved in an accident. The fine for negligent driving is $75 for the first offense.
Chooran, as well as the woman who was involved in the auto collision and her husband, are scheduled to testify during trial. Evidence the prosecution is expected to present includes Chooran’s bodycam footage, which she took during her entire interaction with Jack.
Jack’s trial was initially scheduled to begin with jury selection on March 3, but Superior Court Judge Douglas Brady granted the defendant’s uncontested motion for continuance due to the unavailability of the defendant’s expert witness.
Jack, who is being represented by attorney Kye Walker, is expected to call as a witness an instructor and expert on the subject of field sobriety tests. Walker, in her motion to continue the trial, noted the expert’s testimony is integral to the defense because there is a dispute as to the investigating officer’s finding that Jack failed the standardized field sobriety tests and whether they were properly administered.
Chooran, in her sworn statement, noted that she instructed Jack to put his hands at his side and his feet together so she could perform the horizontal gaze nystagmus test, but that Jack instead placed both hands in front of him. She noted the HGN test, which checks for involuntary jerking of the eyes, revealed Jack had a lack of smooth pursuit in both eyes, distinct and sustained nystagmus at maximum deviation in both eyes, and onset of nystagmus prior to 45 degrees in both eyes. Nystagmus is a condition that causes involuntary, rapid movement of one or both eyes. Chooran indicated that Jack could not keep his balance during the walk and turn test, miscounted, and made an improper turn. She noted Jack was unable to complete the one leg stand test.
Jury selection is scheduled for 9 a.m. Friday, April 4 in Superior Court on St. Croix. The trial is scheduled to begin at 9 a.m. Monday, April 7.
