Though suspect Franklin Xavier was arrested, he refused to cooperate during the booking process, stating that “police officers would have to break his fingers to process him”. Photo Credit: GETTY IMAGES
ST. CROIX- A man has been charged with assault and battery after allegedly assaulting his wife to the head with a glass bottle, resulting in a laceration to her head which required a staple to close the wound.
Franklin Xavier, a wheelchair-bound double amputee was arrested on Wednesday after officers received a report of someone’s arm being run over by a car. Upon arrival, they made contact with Xavier who stated that his wife hit him with her vehicle. However, Xavier told police that he did not call for their assistance and refused to clarify whether he was hit willfully or by accident.
Officers subsequently contacted Xavier’s wife by phone and when questioned about what transpired, she said that he assaulted her in the head. Police then made contact with the alleged victim at the hospital and found that she was bleeding from the head.
The woman told police she left a business establishment with her husband because he was upset and asked her to drop him home. She said that during the drive they argued and he threatened to hit her. She further alleged that when she drove into the yard, Xavier opened the door and was getting out of the car into his wheelchair when he turned and hit her to the head with a glass bottle.
According to the alleged victim, she got scared, put her vehicle in reverse, and accelerated quickly to get away from Xavier. She contended that in the process, Xavier fell out of the car onto the floor and the front passenger door hit him.
When police made contact with Xavier once more he began to curse, asserting that he “does not deal with police” and that officers were “not getting a [expletive] statement”. Xavier also told the officer to “read him his rights or get out of his [expletive] face”.
Xavier was treated for minor cuts and scratches while his wife received medical attention for a laceration to her head which required a staple to close the wound. The officers concluded that he was injured as a result of his wife trying to get away after he assaulted her. Though Xavier was arrested, he refused to cooperate during the booking process, stating that “police officers would have to break his fingers to process him”.
At an advisement hearing on Friday, Judge Ernest Morris Jr. informed Xavier that he was charged with third-degree assault and simple assault and battery, both categorized as acts of domestic violence. He is also charged with using a dangerous weapon during the commission of a crime of violence.
During the hearing, Attorney Vanessa Hewitt- Quinland revealed that while in police custody Xavier was transported to receive medical care, at which point he allegedly used a phone at the facility to call and threaten his wife. The Attorney expressed that as a result, she feared for the complainant’s safety. Hewitt- Quinland consequently requested that Xavier be placed on 24-hour house arrest with the use of electronic monitoring.
After considering the matter, the Judge concluded that the defendant’s bail would be set in the amount of $15,000 fully secured in either cash or property. Xavier has also been subjected to strict conditions including 24-hour house arrest which will only permit him to leave his house to appear in court, meet with his attorney, seek emergency medical attention or attend scheduled medical appointments. He must provide the court with proof of any such medical appointments. Additionally, Xavier must maintain a distance of at least 1000 feet from his wife at all times, and is prohibited from having any direct or indirect contact with her while the matter remains pending. He will be released into the custody of a relative and must not leave the island without written court permission.
Public Defender Yolan Brow-Ross attempted to challenge the condition of 24-hour house arrest with monitoring, stating that Xavier is unemployed and “cannot afford the financial burden” of the monitoring device which will cost him $70 weekly. Judge Morris affirmed that Xavier has a “very long, lengthy, extensive criminal history” and that this condition is what will assure the court that he is not a danger to society. The Judge further stressed to Xavier that he is strictly forbidden from having any contact with his wife, affirming that this means no calls, emails, messages, “not through friends and family, not by carrier pigeon, none at all”.
The hearing concluded moments after a visibly upset Xavier demanded to know where he would find the money for his electronic monitoring device — an issue the Judge instructed him to discuss with his attorney. Court documents show that Xavier’s bail was posted in cash as of Friday afternoon.
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