A double amputee charged with domestic violence will be required to wear an electronic monitor on his arm, after a family member posted $15,000 bail Friday, according to court records.
Franklin Xavier was arrested Wednesday night and charged with third-degree assault, simple assault, and carrying or using a dangerous weapon in the commission of a crime of violence. He was charged pursuant to the territory’s domestic violence law and held without bail until his advice-of-rights hearing Friday in V.I. Superior Court on St. Croix.
The arrest came after officers responded to a 911 call in Upper Love at around 7:13 p.m., and interviewed Xavier and a woman identified as the victim in the case, who were both transported to Luis Hospital for medical treatment, according to an affidavit filed by V.I. Police.
The victim said she and Xavier got into an argument while driving to his home, and when she pulled into his yard, “he opened the door and was getting out of the car to get into his wheelchair but then turned and hit her on the right side of her head with a glass bottle,” according to the affidavit.
The victim said “that she got scared, put her vehicle in reverse, and accelerated quickly to get away from Mr. Xavier,” and he fell out of the car and the right front passenger door hit him, according to the affidavit.
The victim was treated for a head wound, which required a staple to close, and Xavier sustained a cut on his hand and “minor scratches to his left stump and left arm,” according to the affidavit.
Xavier refused to give officers a statement and told police they “would have to break his fingers to process him,” according to the affidavit.
In court Friday, Assistant V.I. Attorney General Vanessa Hewitt-Quinland said that while being taken for medical care Thursday, Xavier used a phone to call and threaten the victim. She asked that he be placed under 24-hour house arrest with electronic monitoring and post a $15,000 cash bail.
Territorial Public Defender Yolan Brow Ross said Xavier has limited mobility and cannot afford to pay the $280 a month cost for electronic monitoring, which is typically worn around the ankle.
“He’s a double amputee, so where would they put the monitor?” she added.
“It can go on his hand,” said Magistrate Judge Ernest Morris Jr. “Your client has a very long, lengthy, extensive criminal history. And this is what will ensure the court he’s no further danger to the community in this circumstance. Nothing short of that.”
The judge also gave Xavier a stern warning not to have any contact with the victim while he is awaiting trial.
“Not by telephone, not by email, not through social media, not through friends and family, not by carrier pigeon. None at all,” Morris said.
Morris said Xavier must live with a third-party custodian under 24-hour house arrest with electronic monitoring, and court records show a family member posted the $15,000 bail Friday.