UPDATE: PR national gets 6 months for illegal entry
Santiago, a father of six, is also a citizen of the United States of America and had allegedly arrived in the Territory on a "joy ride" with friends after coming over from the USVI.
Magistrate Richards, in handing down her sentence, refuted the defendant’s claim that he was unfamiliar with the immigration procedures that applied in the Virgin Islands as evidence showed that he had previously visited the Territory under the correct procedure.
The guidelines submitted by the prosecution in the case indicated that the aggravating circumstances were the prevalence of the offence while the mitigating factors were given as the defendant’s early guilty plea and his previous record of no convictions.
The Magistrate stated while the court accepted the mitigating factors, it was cognizant of the fact that the Territory’s borders were porous and was surrounded by a vast body of water which was impossible to effectively control. Further, the court was also concerned about the relatively high number of similar cases, which had been heard previously.
Magistrate Richards told the defendant that his term of imprisonment would be from the date of his first remand and added there was no reason for him to serve a suspended sentence.
See previous story posted September 19, 2012
Puerto Rican pleads guilty to illegal entry
Facts state that he was on a joy ride as part of his vacation to St. Thomas
ROAD TOWN, Tortola, VI - Ramon Santiago, a national of Puerto Rico, appeared before the Magistrates’ Court in response to an offence of illegal entry brought against him by the Crown.
Mr. Santiago pleaded guilty to the offence when placed before the Court earlier today, September 19, 2012 asMagistrate Tamia Richards presided over the case.
Court records stated that on September 14, 2012, at Baughers Bay, the defendant allegedly landed in the territory without permission from immigration officers.
According to a police report presented by Crown Counsel Leslie-Ann Faulkner, officers conducting patrol duties along the Baughers Bay area, upon reaching a bar in the area, adjacent the Baughers Bay Dock, observed a vehicle driving out from the dock.
Allegedly, officers witnessed someone moving from the front of the vehicle to the rear. The person subsequently exited and ran with something clutched to their chest and then jumped into the water.
Officers did not locate the person.
The reports indicated that officers spotted someone sitting in the vehicle, and when approached the person told officers that he was dropped off by a friend who brought him to the island on a boat. This person was described to be the defendant.
Ms. Faulkner told the court that officers searched the vehicle and found a black and grey backpack containing his passport.
The court understands, that prior to this search, officers asked him for ID and he told them that he left it in St. Thomas.
Officers made contact with local immigration officials and they were informed that they had no records of him entering the territory legally.
Mr. Santiago’s lawyer, Ruthilia Maximae, told the court that her client who is 37 years of age, is a United States citizen and a national of Puerto Rico, was vacationing in St. Thomas at the time, when he got an invitation from his friends for them to go for a ‘joy ride’ on a speed boat.
She noted that during the ride, which was mainly for entertainment purposes, the captain of the boat got hungry, and decided to bring the boat to a stop, to come on land, to get something to eat.
Ms. Maximae told the court that her client refused to go anywhere without being given clearance from an immigration official. She added that this is why he was found in the vehicle, because he was waiting for permission.
She told the court that someone did jump into the sea but it wasn’t her client.
Mr. Santiago told the court, that he was very sorry, and apologized to the government, and asked to not be deported.
Ms. Maximae added that Mr. Santiago is an Electrical Contractor by trade and is the main financial support to his common law wife and six children.
His matter was adjourned until September 27, 2012.
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