Accused child rapist Jimmy Davis was scheduled to return to court Wednesday, but his tendency to spit on guards prompted prosecutors to ask for a continuance, according to documents filed in U.S. District Court.

Davis, 42, “has a history of courtroom misbehavior and assaulting law enforcement personnel,” Assistant U.S. Attorney Alphonso Andrews Jr. said in a motion filed Tuesday. During a trial on St. Croix in 2019, “he had to be removed from the courtroom and required to view the proceedings remotely due to his disruptive behavior.”

Davis is being held at Golden Grove Adult Correctional Facility on St. Croix, and refused to consent to appearing in court via videoconference from the Bureau of Corrections facility.

That meant Davis would have to be brought into a federal courtroom to appear via videoconference before U.S. District Court Magistrate Judge Ruth Miller to make his initial appearance in his latest criminal case.

“In light of his behavioral patterns and hostility towards law enforcement, the U.S. Marshals are very concerned about escorting him into courtroom for the upcoming hearing,” Andrews wrote. “They fear he might engage in spitting and fighting with them during his escort. Although this type of behavior may occur at any time, the concern is enhanced in light of the current COVID-19 pandemic.”

Andrews asked the judge to delay his court appearance until the summer “at which time further assessment of the circumstances would be made and the concerns regarding safety of the marshals would have lessened.”

Miller agreed to grant the motion, and scheduled Davis’s initial appearance for July 28.

Davis has a lengthy criminal history, and was released from federal custody on March 26 after serving 24 months in pretrial detention.

Davis still had a year left to serve on a local conviction, however, and it remains unclear why Virgin Islands authorities did not ensure he stayed behind bars.

Andrews said in his motion Tuesday that Davis is currently serving that territorial sentence.

V.I. Bureau of Corrections spokesman Winthrop Maduro said in April that officials are working to determine why Davis was released before serving the remainder of his prison sentence. Maduro said recently that investigation is ongoing.

After being released, Davis failed to check in with federal probation officials as required. He allegedly raped a 15-year-old girl on April 3, just days after he was freed, according to court documents.

The aggravated rape case is pending in V.I. Superior Court, while federal prosecutors are seeking to revoke his term of supervised release.

— Contact Suzanne Carlson at 340-714-9122 or email