AGO moves to dismiss criminal case against suspended police captain

Chief Prosecutor Jeffery L. Warfield Sr. yesterday moved to dismiss with finality the criminal charges against suspended Police Capt. Aniceto T. Ogumoro.

Warfield also filed a separate motion to dismiss the government’s appeal in the CNMI Supreme Court related to the same case.

Defense attorney James Norita Camacho, in a telephone interview with Saipan Tribune, said they are very happy with the Attorney General’s Office’s decision to drop the case.

“We’re very happy, we’re very happy for our client, Aniceto, and we’re very happy for his family too that they can put this thing behind them and move on with their lives,” Camacho said.

The lawyer said they anticipated that the courts would grant both motions.

In his motion to dismiss with prejudice, Warfield explained that after review of the file, and based upon Superior Court Associate Judge Kenneth Govendo’s granting of Ogumoro’s motion to suppress, the government is not convinced that sufficient evidence exists to prove the charges set forth in the case beyond a reasonable doubt.

In his separate motion to dismiss the appeal, the chief prosecutor stated that he had previously requested for an extension to file the government’s opening brief.

“Since that time, circumstances have arisen that compel a dismissal,” he pointed out.

In February 2006, police arrested the then acting police director Ogumoro after they raided his house where they allegedly recovered three rifles and 25 boxes of ammunitions. He pleaded not guilty.

Aniceto Ogumoro was charged with two counts of unlawful possession of a firearm, one count of possession of a weapon without proper registration, and one count of unlawful possession of ammunition.

On March 29, 2006, Govendo orally granted Ogumoro’s motion and suppressed all evidence seized at the raid at the defendant’s house on Capital Hill.

The AGO, through Warfield, appealed to the CNMI Supreme Court the Govendo ruling.

Ogumoro, through Camacho and Viola Alepuyo, argued that the AGO’s appeal from Govendo’s decision that suppressed all the evidence seized during the raid at his house was untimely, and should therefore be dismissed.

Warfield then responded that Ogumoro’s argument that the appeal should be dismissed based on an untimely filing “is without merit and borders on being frivolous.”

In September 2006, Ogumoro’s brother, former Department of Public Safety’s shooting range master Ambrosio T. Ogumoro, entered a guilty plea in a separate criminal case.

Ambrosio Ogumoro pleaded guilty to count four of the information charging him with unlawful possession of ammunition.

Following a plea agreement, Presiding Judge Robert Naraja sentenced Ambrosio Ogumoro to one year in prison, all suspended.