Burglary, assault charges upheld
By CORLISS SMITHEN
Tuesday, November 3rd 2009
ST. THOMAS - V.I. Superior Court Magistrate Judge Alan Smith found there was probable cause for burglary and assault charges against 26-year-old Jean-Claude Johnson.
At Johnson's advice-of-rights hearing on Monday, Officer Dellariece Penn said that at 5:32 a.m. Sunday, she was dispatched to Estate Frydenhoj on a report of a home invasion. When Penn arrived on the scene, the victim said she had been asleep and she awoke to someone touching her leg, and she saw Johnson sitting beside her bed. The woman said her two children also were asleep on the bed, Penn said.
The woman said that Johnson forced his way into her house through one of her windows. Johnson left the house sometime later, Penn said.
Police arrested Johnson and he gave a statement, confessing to entering the woman's house through a window.
Smith ruled that the evidence supported the charges of second-degree burglary, simple assault and battery, and disturbing the peace.
"This court finds probable cause to believe that the defendant committed second-degree burglary, inasmuch as he entered through a window and he admitted to that. He touched her, which is an assault and his conduct was tumultuous, which gives rise to disturbance of the peace," Smith said, setting Johnson's bail at $10,000 unsecured bond.
In addition to the usual bail conditions Smith imposed, he also ordered Johnson not to have any contact with the victim or her family. Johnson's arraignment is set for Nov. 12.