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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. PAUL GIRARD, SHAQUAN PRENTICE, ROBERT BROWN, WAHILLI JAMES, SHAQUIELLE CORREA, JAMES CRUZ, KAREEM HARRY, TYLER EUGENE, ETHERNEAL SIMON, SHERMYRA GUMBS, WAYNE BELLILLE, Defendants. ) ) ) ) ) Criminal No. 2018-30 ) ) ) ) ) ) ) ) ) ATTORNEYS: Gretchen C.F. Shappert, United States Attorney George A Massucco-LaTaif, AUSA Meredith Jean Edwards, AUSA Juan Albino, AUSA United States Attorney’s Office St. Thomas, U.S.V.I. Alphonso G. Andrews, AUSA United States Attorney’s Office Christiansted, U.S.V.I. For the United States of America, Ryan W. Greene St. Thomas, U.S.V.I. For Paul Girard, Adriane J. Dudley Malorie Diaz Dudley Rich Davis LLP St. Thomas, U.S.V.I. For Shaquan Prentice, Renee Marie Andre Law Offices of Marjorie Rawls-Roberts PC St. Thomas, U.S.V.I. For Robert Brown, Case: 3:18-cr-00030-TJS-RM Document #: 558 Filed: 10/28/19 Page 1 of 5 United States v. Girard, et al. Criminal No. 2018-30 Order Alex Omar Rosa-Ambert Rosa-Ambert Law Offices San Juan, PR For Wahilli James, Jason Gonzalez-Delgado Hato Rey, PR For Shaquielle Correa, Miguel Oppenheimer San Juan, PR For James Cruz, Kye Walker St. Croix, U.S.V.I. Frantz J. McLawrence The McLawrence Law Firm Fort Lauderdale, Fl For Kareem Harry, Richard F. Farrelly Law Offices of Birch DeJongh & Hindels PLLC St. Thomas, U.S.V.I. For Tyler Eugene, Richard H. Dollison Michall Joseph LaRochell Law Offices of Richard H. Dollison PC St. Thomas, U.S.V.I. For Etherneal Simon, Kendys Pimentel-Soto Kendys Pimentel-Soto Law Office LLC San Juan, PR For Shermyra Gumbs, Alexander Golubitsky Alex Golubitsky P.C. St. Thomas, U.S.V.I. For Wayne Bellille. Case: 3:18-cr-00030-TJS-RM Document #: 558 Filed: 10/28/19 Page 2 of 5 United States v. Girard, et al. Criminal No. 2018-30 Order ORDER GÓMEZ, J. On April 25, 2019, a grand jury returned a Fourth Superseding Indictment in this matter. In general, the Fourth Superseding Indictment lays out a vast and wide-ranging criminal conspiracy that is alleged to have involved multiple armed robberies and multiple drug trafficking operations along with various murders, attempted murders, and assaults in furtherance of those endeavors. In sum, the Fourth Superseding Indictment charges the eleven defendants in this matter with forty-seven criminal counts. “The scope of the district court’s discretion to manage trials before it is and must be particularly broad. . . . District courts have wide-ranging control over management of their dockets, the courtroom procedures, and the admission of evidence.” United States v. Janati, 374 F.3d 263, 273 (4th Cir. 2004). For example, “district courts have discretion to require separate trials for criminal defendants charged in a single indictment.” Janati, 374 F.3d at 273. Such discretion in managing trials allows district courts to ensure the effective administration of the criminal justice system. See, e.g., United States v. Higgs, 713 F.2d 39, 44 n.6 (3d Cir. 1983) (noting that, while the “government is not automatically required to Case: 3:18-cr-00030-TJS-RM Document #: 558 Filed: 10/28/19 Page 3 of 5 United States v. Girard, et al. Criminal No. 2018-30 Order make [pretrial] disclosure [of the names of its cooperating witnesses], the district court, within its discretion, may order such disclosure to ensure the effective administration of the criminal justice system”). Moreover, Federal Rule of Criminal Procedure 18 requires that the court set the place of trial “with due regard for the convenience of the defendant, any victim, and the witnesses, and the prompt administration of justice.” See Fed. R. Crim. P. 18. Significantly, Federal Rule of Criminal Procedure 2 provides that the federal rules of criminal procedure should be interpreted “to provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay.” See Fed. R. Crim. P. 2. Having reviewed the Fourth Superseding Indictment and the entire record in this matter, the Court finds that it is appropriate to sever this case in the interest of simplicity, fairness, the prompt administration of criminal justice, and judicial economy. Consequently, the Court will sever the defendants in this matter into two groups for trial. The first group shall be comprised of Etherneal Simon, Wayne Bellille, Shermyra Gumbs, and Wahilli James. The second group shall be comprised of Paul Girard, Case: 3:18-cr-00030-TJS-RM Document #: 558 Filed: 10/28/19 Page 4 of 5 United States v. Girard, et al. Criminal No. 2018-30 Order Shaquan Prentice, Robert Brown, Shaquielle Correa, Tyler Eugene, Kareem Harry, and James Cruz. The premises considered, it is hereby ORDERED that a jury trial in this matter is hereby SCHEDULED to commence promptly at 9:00 a.m. on December 9, 2019 as to the following defendants: Etherneal Simon, Wayne Bellille, Shermyra Gumbs, and Wahilli James; it is further ORDERED that a jury trial in this matter is hereby SCHEDULED to commence promptly at 9:00 a.m. on January 13, 2020 as to the following defendants: Paul Girard, Shaquan Prentice, Robert Brown, Shaquielle Correa, Tyler Eugene, Kareem Harry, and James Cruz; and it is further ORDERED that Bellille’s motion to sever, ECF No. 508, is MOOT. S\ Curtis V. Gómez District Judge Case: 3:18-cr-00030-TJS-RM Document #: 558 Filed: 10/28/19 Page 5 of 5