ST. THOMAS - A V.I. Port Authority internal investigation has cleared a security guard of violating procedures when he fired his gun at the ground at the Red Hook barge dock while a man threw rocks at him.

Ray Chesterfield, the Port Authority's aviation police chief, conducted the investigation into the incident involving Joseph Clendinen, a retired V.I. Police Department sergeant who now works as a security guard for the Port Authority.

Chesterfield found reason for Clendinen to fear for his life and the lives of others when he drew his gun on July 15 and fired it.

On that morning, a man identified in Port Authority documents as Elize Dieubon attempted to board a barge to St. John without identification or a car.

The federal terror alert was elevated at the time, and Port Authority policy dictates that during an elevated alert, everyone boarding a vessel must show identification.

According to Port Authority documents, Clendinen said he was standing beside the barge when a barge crew member refused to allow Dieubon on the barge. Dieubon began hitting the crew member, and the two got into a fight. Dieubon then ran to a construction area near the barge and picked up two rocks.

Clendinen ordered the man to drop the rocks, but Dieubon began throwing the rocks at the barge worker. The worker ducked and one of the rocks hit Clendinen.

Clendinen told the crew member to go on the barge, and Clendinen told the man to stop throwing the rocks. Dieubon did not stop and hit Clendinen again with a rock. Clendinen then took his gun out of his holster and fired a shot toward the ground.

Clendinen put his gun back in its holster and began beating Dieubon with a baton. Dieubon then threw himself to the ground, saying he had been shot. The Port Authority reported Dieubon was not shot but was taken to the hospital, where he was treated for lacerations and released.

Port Authority Executive Director Darlan Brin said security officers follow the same weapons procedures as the V.I. Police Department. According to the policy, an officer's "decision to draw or exhibit a firearm should be based on the tactical situation and the officer's reasonable belief there is a substantial risk that the situation may escalate to the point where deadly force may be justified."

An officer may use deadly force only if he believes the use of it is necessary to protect himself or another person death or serious injury.

In his report, Chesterfield said that "a rock is considered a deadly weapon when it is used or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury, which can result in deadly force having been used against the perpetrator, which in this case was Mr. Dieubon.

"The discharge of a firearm, whether in the air or on the ground, is highly discouraged," Chesterfield said. "Unfortunately, there is no hard and fast rules, and the fact that the subject was resisting and continued to be a threat to the extent of endangering the security guard or innocent bystanders. All seems to have particular importance when the security guard, Mr. Clendinen, decided to use his firearm. It appeared that he feared for his life and the life of others in the immediate area."

Chesterfield goes on to say that Clendinen should have filed a police report about the incident. He also should have considered pressing charges against Dieubon and should have gone to the hospital for an examination since he was hit with a rock, Chesterfield said.

Chesterfield could not be reached for comment Friday.

Brin said he agreed with Chesterfield's findings and that Clendinen will remain on the job.

Brin expressed reservations about having armed guards at the dock, citing this incident as well as the potential bad impression on visitors. The U.S. Coast Guard requires armed guards at the dock during elevated terror threat levels.

- Contact Bill Cresenzo at 774-8772 ext. 332 or e-mail bcresenzo@dailynews.vi.