A pretrial hearing for a man accused of fatally shooting a St. Thomas police detective in July 2023 wrapped up Tuesday at the Ron de Lugo Federal Building. The judge presiding over the three-day omnibus hearing said he would take all matters into consideration before ruling on motions filed by lawyers representing defendant Richardson Dangleben Jr.
Dangleben is charged with 13 local and federal crimes, all linked to the death of Detective Delberth Phipps Jr. in Hospital Ground, St. Thomas, on July 4, 2023. Chief District Judge Robert Molloy said he felt most of the matters had been resolved or were on their way to resolution, except for one — whether Dangleben will face the death penalty if found guilty in a jury trial.
“The court will take these matters under advisement. If the parties want to be heard on the motion to strike the death penalty, that will be heard at a later date,” Molloy said. Federal Public Defender Matthew Campbell said yes.
The judge said he was willing to hold a hearing on the matter sometime in August. Dangleben’s murder trial is scheduled to begin Oct. 6.
The three-day omnibus hearing began July 23 and 24, with the defendant in the courtroom along with the family of the deceased. They sat through hours of witness testimony and presentation of evidence to be presented at trial. On Tuesday, the court heard from DEA Special Agent Joseph Pittaluga and V.I. Police Detective Shera Joseph.
Joseph testified about her interview with Dangleben while he underwent medical treatment for gunshot wounds at Schneider Regional Medical Center. Pittaluga was questioned about his qualifications to appear as an expert witness on the controlled substance found in the vehicle driven by the defendant at the time of his armed confrontation with Phipps.
Campbell is asking the court to dismiss three local charges appearing on a charging document that, if granted, may disqualify his client for the death penalty. But after consulting with federal prosecutor Kyle Payne at Tuesday’s hearing, the judge said tossing those three charges may not be enough.
“I don’t know how I’m going to rule, but if I strike the predicate offenses on Counts 1,2, and 3, there will still be a federal predicate offense on Count 1. Will that still make it eligible for the death penalty?” Molloy asked.
“Yes,” said Payne.
Still, the defense said they were not willing to give up and wanted the August hearing. Campbell also asked Molloy to extend Dangleben’s stay on St. Thomas, as he was still needed to assist with preparations for the hearing.
The judge stated that he granted the defendant’s transfer from the Federal Detention Center in Guaynabo, Puerto Rico, until the end of the omnibus hearing, but he may also consider an extension.
