From www.towleroad.com

Cooperation between the French and Dutch sides of St. Maarten has finally resulted in the arrest of the main suspect in the brutal anti-gay attack on Dick Jefferson, Ryan Smith, and their friends more than two months ago. "Duracell" turned himself in after supposedly fleeing the island for neighboring Guadaloupe.

I received an email yesterday from Jefferson (which I share below) talking about the arrests and the effect the case has had on other investigations on St. Maarten. The slow but steady progress will have its conclusion in the coming months when a Dutch judge presides over Duracell's trial.

From Dick Jefferson:

Duracell is back on St. Maarten/St. Martin! Dutch officials have him locked up and are interrogating him.

Two weeks after officials revealed that the 21-year-old thug Duracell had escaped the island, Netherland Antilles Chief Prosecutor Taco Stein announced today (June 13) that Duracell surrendered, and will face charges resulting from his “barbaric” attack on my friends and me.

But, the convicted felon—whose previous weapon of choice was a machete--brought along an attorney and denied that he cracked my head with a tire wrench before he and his buddies swarmed and crushed Ryan Smith’s skull—resulting in even more severe damage. While I have returned to work, Ryan continues his rehabilitation.

Duracell’s surrender has been a slow, but sure, victory for cooperation between the Dutch and the French sides of the island. Since the attack on the Dutch side, it was well known that the culprits drove to the safe haven of the French side. It took weeks for Stein to convince his French counterparts to accept the fact their citizens were out to kill that night. The pack remained on the loose--capable of attacking again--because the French then demanded that all documents be translated from Dutch.

Despite the seemingly endless delay in our case, the cooperation that started there is already paying off in the investigation of the brutal murder last week of Angelique Chauvire. Last seen on the French side, her mutilated body was discovered near a Dutch beach. In her case, the two sides which speak the language of commerce daily, did not delay to translate. I hope leaders on both sides of this unique two nation island formalize this working relationship and its value in preventing the Duracells of the future from terrorizing one side only to retreat to the sovereign sanctuary of the other.

The surrender--and the arrest of another assailant last Friday—is also a big victory for the people of St. Maarten/St. Martin. Since the bashing, I have said that police departments are only as successful as the people they serve. I urged those who knew those that tried to kill my friends for their innocent display of affection--and me for stumbling into the conflict--had a duty to either inform police, or to convince the assailants that the only way to save the island’s tourism economy was to face justice. I appreciate all those who braved to do the right thing.

In the end, the French decision to prosecute may have prompted Duracell. Despite his denial, he has chosen to possibly spend up to 16 years in St. Maarten’s Pointe Blanche prison rather than endure a possible shorter sentence in the French dungeon on neighboring Guadeloupe. Or maybe his family and friends wanted to be closer to him than the facility that is reputed to rival the conditions made famous by the book, and movie, Papillion.

With Duracell’s surrender, justice will soon be decided under the Dutch legal system by a single judge. It will be a true test of how the island treats crimes against tourists who are gay.

One newspaper on St. Maarten, TODAY, glorified our beating. The other, THE HERALD, called the attack “a despicable and barbaric act,” but then suggested “if the culprits felt the need to prove their manhood . . . they at least could have had the guts to fight them fairly, with their bare hands.”

I hope that whichever judge gets this case does not hold a similar opinion that violence is ever justified--with a speeding car, a rusty tire wrench, or even bare fists.

While Duracell and his posse may have committed the most violent crime, St. Maarten Chief Police Commissioner Derrick Holliday has committed the most serious one. The people of St. Maarten, and the millions of tourists the island invites each year, are the victims of his contempt.

He has so far refused to comply with an order by his Government’s top leaders to explain why his department repeatedly denied an attack took place or even take my statement before I was airlifted to the safety of Miami.

Today, he continues that silence. His contempt is so loud now, the people of St. Maarten should demand answers before his screech reverberates across the world, and silences the brand new airport that would welcome visitors to the so-called Friendly Island.

Jefferson has worked aggressively and persistently, pressuring officials on this case. His hard work appears to have paid off, and if Duracell receives the proper sentence, gays and lesbians will have won an important victory in this homophobic region of the world.

Quote:
"With Duracell’s surrender, justice will soon be decided under the Dutch legal system by a single judge. It will be a true test of how the island treats crimes against tourists who are gay."
..............................................



Why would this trial be "a true test of how the island treats crimes against tourists who are gay"?

Are you suggesting that gays are singled out and persecuted by the Dutch legal system? That's ridiculous.

Or, are you suggesting that the St. Maarten legal system should take your case to establish a precedent for special protective laws for gays?


As far as I know, St. Maarten provides equal protection, for all.


This is an assault charge as any other, and there is absolutely no evidence that gays are treated any differently in St. Maarten than straight people.

What you're doing is holding these defendants up as representative of the St. Maarten/St. Martin police force, judiciary, and the islands attitude, in general. There's something wrong with that.


Innocent until proven guilty, also seems to be overlooked. Provocation, or "pushing it" by the victims may come into play at the trial. Witnesses under oath, rather than "connected" agenda laden media coverage.

Keep in mind, they'll be tried for this offense, only, not their past behavior. Plus, we don't know if they even have a criminal record, at that.


It's an assault case.

Under the liberal United States
legal system, this case would probably result in probation, or under three years jail time.


What it's not:

Is some kind of revolutionary social muckraking test case to suit your particular agenda.

Ed

"Under the liberal United States
legal system, this case would probably result in probation, or under three years jail time."

Hate crimes, even in the U.S., are dealt with differently than aggravated assaults and are judged with much more severe penalties.

Too bad that this is not the united states. This is a small Island, and crime here does disturb the influx of tourisim, which I would assume is helpful to St.M. If not then let all crime go undealt with... To bad the crime has gotten worse, but more than too bad its worse, is the lack of doing anything to try and control it...This is a very popular destination that is getting very bad publicity with crime... Is anyone going to try and clean it up????????

"It's an assault case."

Actually, it is a hate crime/attempted murder. While I don't think it is fair to pre-label any eventual verdict rendered by the judge as the final word on equal treatment under the law for gay tourists (with evidence yet to be presented at a trial), I do think it is reasonable to question whether initial police apathy was at least, in part, due to a bias against gay victims. Proving this is virtually impossible, especially given numerous other reported cases of seeming unwillingness to actively investigate crimes. However, to dismiss the possibility outright is to live under a rock.

Regardless, I have to wonder whether the investigation and criminal case would have made it this far if the victims were not persistent advocates on their own behalf with ready access to the US media.

Seeing that crime is rising on Isand, why would anyone think this is just a gay incedent? and seeing that crime goes unpunished and thus far crime is rising, who cares what or who is being victimized!!! Please see this as crime, and this has to be addressed no matter who gets violated!!!! But make no mistake, crime!!! no matter who or how it rises will cause tourisem to fall, and thats a fact... Hearing to many reports of crime, will surely cause this loved Island to become less than desirable.

Leroy Wrote:
-------------------------------------------------------
> "Under the liberal United States
> legal system, this case would probably result in
> probation, or under three years jail time."
>
> Hate crimes, even in the U.S., are dealt with
> differently than aggravated assaults and are
> judged with much more severe penalties.



I'm aware of that. I alluded to, just that, with "special protective laws".

Ed

doc Wrote:
-------------------------------------------------------
> "It's an assault case."
>



Well, as long as people seem to have a need to quote me, and do it in a contradictory manner, at that, rather than just making their own post, let's see if I can do the same.






> Actually, it is a hate crime/attempted murder.

That's your own characterization, which doesn't mean much.



> While I don't think it is fair to pre-label any
> eventual verdict rendered by the judge as the
> final word on equal treatment under the law for
> gay tourists (with evidence yet to be presented at
> a trial),



Let us guess, but you're going to do it, anyway, right?




I do think it is reasonable to question
> whether initial police apathy was at least, in
> part, due to a bias against gay victims. Proving
> this is virtually impossible,


It's virtually impossible to prove because it's not based in fact.

That's your own bias at work. There are things necessary, like, investigation, probable cause etc. Because things didn't happen fast enough for you, that doesn't in any way mean that there was apathy on the part of the police force.



especially given
> numerous other reported cases of seeming
> unwillingness to actively investigate crimes.

And you can prove this, how?

Especially with the media coverage, to suggest they weren't interested in resolving the situation is absurd.


> Regardless, I have to wonder whether the
> investigation and criminal case would have made it
> this far if the victims were not persistent
> advocates on their own behalf with ready access to
> the US media.

Well, without the media connections they wouldn't be able to try to make this a "gay rights" issue, first, and an assult case, second.





Ed

crickets Wrote:
-------------------------------------------------------
> Seeing that crime is rising on Isand, why would
> anyone think this is just a gay incedent? and
> seeing that crime goes unpunished and thus far
> crime is rising, who cares what or who is being
> victimized!!! Please see this as crime, and this
> has to be addressed no matter who gets
> violated!!!! But make no mistake, crime!!! no
> matter who or how it rises will cause tourisem to
> fall, and thats a fact... Hearing to many reports
> of crime, will surely cause this loved Island to
> become less than desirable.


Well, it doesn't seem like "Doc" and these other "gay rights" extremists care about the island, or it's image and reputation.

They won't want hear things like: -the same thing would have happened if there were two straight guys "looking" at the defendants women-. Oh no, this HAS to be a specific "gay bashing" incindent, riddled with seething pre meditated gay hate; and the island of St. Maarten is the scapegoat as a sacrifice to their agenda.




Ed

i just read the onesided account of the so-called 'gay bashing incident' in st. martin written by one of the victims. he says TODAY newspaper glorified the beating, which is totally wrong. if this journalist treats the truth on his television network in the same way he makes his statements, no wonder cable news is in such poor shape.
I read the editorial he refers to, along with the newspaper's other coverage of this story. TODAY is a fair-minded newspaper with a talented staff, and they are gaining readers daily because of their excellent coverage of island events. all that editorial stated was that a handful of elitists in new york who call themselves spokesmen for the gay and lesbian community should not have called for a boycott on tiny st. martin based on a single incident.
we people who live in st. martin are tough -- probably tougher than the gay alliance people in new york who can act like elitists. we value our island, we value our privacy and we value the way people act. if you take away a single job from a needy island person, you become our enemy. we feel the attempt to boycott st. martin was ill-founded and that the editorial reflected the feelings of the majority of the people. our islanders are asking, WHY DIDN'T THAT TV NETWORK AND THOSE GAYS IN NEW YORK GO AFTER JAMAICA...OR PAKISTAN...OR BOYCOTT THEIR OWN STATE OF NEW YORK, which has far more attacks on gays than st. martin ever witnessed.
in the future, please be more accurate in your reporting of the news, especially when you are talking about a fragile little island where 99.9 per cent of the people live in harmony.

rick lanning
philipsburg, st. martin

what? are you kidding? the Today wrote the most anti gay racist editorial on the inciednt. Most people were outrgaed by what they wrote.
fair minded? I don't think so.
yes, 99 percent of the people here live in harmony. There was nothing harmonious about what that newspaper wrote.

Rick Lanning,
Who are you? I live here and your incredibly ignorant response does not reflect my views or the views of all my friends here on island. People who are "born here".
I suppose you would think it was ok to "bash" someone because they are brunette? Or have green eyes? Or whatever?
When do you think it's ok to assault people and commit attempted vehicular manslaughter.
Shut your mouth but wash it out with soap first.
Irina

"WHY DIDN'T THAT TV NETWORK AND THOSE GAYS IN NEW YORK GO AFTER JAMAICA...OR PAKISTAN...OR BOYCOTT THEIR OWN STATE OF NEW YORK", - well maybe because the attack didn't happen there, it happened on tiny st. martin, well actually, I think it happened on even tinier sint maarten???

Trust me, if I was attacked the way those men were attacked, I would be pulling out all the plugs to get the incident noticed! The island government and the police force have to wake up! Shit happens no matter where you live, but enough is enough!

Rick Lanning,

If you read the original editorial and still defend it, you either work for the "Today" publication, are simply out of your mind, or one of the biggest homophobic bigots on the island. Or are you all of the above?

I couldn't believe anyone could write such trash, let alone print it in the paper.

mc

Could someone link the article, please?

Ed