Mugshot of Shamall Fleming. Photo Credit: THE VIRGIN ISLANDS POLICE DEPARTMENT
ST. THOMAS — A man previously accused of battering his wife has now been charged with several sexual offenses.
The latest charges against Shamall Fleming include first-degree unlawful sexual contact, first-degree assault and battery, using a dangerous weapon during a violent crime and first-degree aggravated rape. The latter offense carries a maximum sentence of life imprisonment.
Last Monday, Fleming appeared for a virtual hearing after he was charged with multiple crimes including second-degree assault. In that instance, he was granted bail in the amount of $5,000 with a provision that he be released on the posting of 10 percent. Court documents show that Fleming’s bail of $500 was posted on Monday, January 10th.
According to the probable cause fact sheet, police made contact with Fleming’s wife on Tuesday January 11 in reference to a sexual assault which she said happened on the night of January 6. The woman recounted that she had gone to police on the morning of January 6 to report a physical assault and later returned to the station around midnight to ask if she could stay there as she was afraid to return home after work. However, she stated that she eventually went home after she was advised that there was no place in the station for her to stay.
When she arrived home, she found her husband in the residence and was unsure of how he gained access as she had the keys. The woman said her husband held a machete to her forehead and threatened to chop her. He then asked for the apartment keys and she initially refused, but complied after he allegedly placed the machete to the side of her face, just above her neck. According to her account, Fleming then pushed her into the bathroom and stated, “oh you called the cops on me. You need to retract your statement!” She further stated that he later dragged her into the bedroom and raped her after accusing her of cheating. He also threatened her while in the bedroom. After he left the bedroom, the woman dragged her dresser in front of the door so that she would hear him moving it if he attempted to re-enter the room, according to the probable cause fact sheet. According to her statement, her husband has allegedly forced himself on her multiple times in the past.
The woman told police that when she woke up the next morning, Fleming had already left the residence. However, he later called her to ask if she knew that police had arrested him and demanded that she drop the charges. Those charges were in relation to her report of the physical assault the previous morning. She then went to the police station once more and informed the front desk officer about the alleged sexual assault. She also told the officer that Fleming had just been arrested for the previously reported physical assault. According to the victim, the officer replied, “If he’s already in lockup, why are you here?” She reportedly tried to explain to the officer three times that this was a new incident. The officer then directed her to contact the V.I.P.D.’s Domestic Violence Unit and upon her request directed her to the court to seek a restraining order. She noted that the officer did not advise her to travel to the hospital to obtain a rape kit and did not file a report of the sexual assault.
On Friday January 14, officers contacted Fleming and advised him to report to the police station. He refused and police then contacted a relative to seek her assistance in getting him to report to the station. Despite the relative stating that she would accompany Fleming to the station, neither of them showed up and the relative did not answer subsequent calls from police. Officers later traveled to Fleming’s workplace where he was arrested and turned over to the Bureau of Corrections to await a bail hearing.
At Monday’s hearing, Assistant V.I. Attorney General Brenda Scales asked that bail be set at $50,000. However, attorney Andy Johnson requested that Fleming be released on an unsecured bond with the same conditions as last week. Those conditions included an order to remain at least 20 feet away from the victim and to not return to her residence. Johnson attempted to cast doubt on the latest allegations against Fleming, arguing that there was no medical evidence of a rape. Johnson emphasized that no rape kit had been administered and referred to the victim’s accusations as “renk lies.”
At the conclusion of the hearing, judge Paula Norkaitis set Fleming’s bail at $25,000. This time no 10 percent provision was granted. He is once again required to stay away from his wife and any place where she resides.
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