At its first appearance before a federal judge since meeting the terms of a federal consent decree, officials of the Virgin Islands Police Department got a favorable review of their performance thus far.
The judge hearing the case said he was pleased to hear that compliance was being enforced. But at the same time, District Court Judge Curtis Gomez expressed concerns about adherence to use of force policies that were a key element of the decree.
Since 2008 VIPD has been under court order to address excessive use of force by its officers and develop a policy for addressing incidents in which force was used.
On Dec. 20, Gomez declared the department had achieved substantial compliance and was ready to enter a two-year monitoring period to make sure the improvements stay in place.
“I am as encouraged now as I was the last time we had a hearing. I certainly think VIPD should be commended for what it is doing,” the judge said, but added, “Paragraph 37 compliance is of concern to me.”
Paragraph 37 is the section of the policy that speaks specifically to use of force by police.
According to testimony heard Thursday morning in District Court, 11 use of force cases have not been resolved within the timeline set in the decree. One case involved improper use of a taser. Several of the others dealt with the way police handled mentally ill persons they encountered.
Acting Police Commissioner David Marsh said slowly processed paperwork was the sticking point.
At the time compliance was declared in December, communication along the VIPD chain of command was the issue. That was no longer a problem, he said.
“We’re preparing a response. We should have it by the end of the week,” Marsh said.
Gomez asked what assurances the court could receive that proper handling of such cases would not lapse and lead to a return of lax policies.
Acting Attorney General Carol Thomas-Jacobs told the court there have been mistakes made. But overall the policy is in place and is being put to work.
“There is no letting down. There is no slacking off. VIPD is diligently maintaining compliance with the consent decree. There will be mistakes. They will be corrected, and that’s a beautiful thing,” Jacobs said.
Assistant U.S. Attorney Jeffrey Murray, representing the federal Department of Justice, which pursued the consent decree, largely agreed.
“This is an assessment period. VIPD is in compliance with the other paragraphs,” Murray said.
Beside Murray sat Virgin Islands U.S. Attorney Gretchen Shappert. Over the past few evidentiary hearings, Shappert has made a point of being in the courtroom when the VIPD case is heard.
On Thursday, Shappert held her peace. But at the time compliance was reached, she issued a statement stressing the importance of the progress being made.
“Completion of this portion of the consent decree process is vitally important to the future of the territory. We are grateful for the hard work and dedication of so many VIPD officers who have worked to ensure that constitutional policing is the policy for law enforcement in the Virgin Islands,” Shappert said.
