Ogumoro’s motion to have charges dismissed denied

Superior Court Associate Judge David A. Wiseman has denied the motion of former Department of Public Safety deputy commissioner Ambrosio T. Ogumoro to have five of the eight corruption charges filed against him dismissed.

Finding Ogumoro’s arguments unpersuasive, Wiseman denied the motion to dismiss three counts of misconduct in public office and two counts of removal of government property.
The three other charges in the second amended information are theft by deception, conspiracy to commit theft by deception, and theft by unlawful taking or disposition.

Ogumoro, through counsel Mark B. Hanson and Benjamin Petersburg, objects to the criminal charges contained in the two counts of removal of government property, alleging that prosecution of these misdemeanor charges did not commence within one year under the statute.

Wiseman noted that the government’s prosecution of Ogumoro’s case started on March 23, 2015, when an arrest was executed.

Assistant attorney general Matthew C. Baisley argued that even if prosecution for a crime is time barred, it may still commence for “any offense based on misconduct in office by a public officer or employee at any time when the defendant is in the same public office or employment or within two years thereafter.”

Citing Ogumoro’s termination letter, Baisley said that Ogumoro’s last day as a public official was on March 23, 2014

Accordingly, the day of Ogumoro’s arrest—March 23, 2015—was one day before the tolled statute of limitations deadline under Rule 45 of the Commonwealth Rules of Criminal Procedure.

Wiseman said conviction of the criminal charges contained in the three counts of misconduct in public office depends on whether Ogumoro was a public official at the time of the alleged offense.

Ogumoro also argued that prosecution of the criminal charges in one count of conspiracy to commit theft by deception, and two counts of removal of government property must be dismissed because it violates the double jeopardy clause.

The double jeopardy clause protects an individual against multiple punishments from the same offense.

But Wiseman was not persuaded. He said that one count of removal of government property refers to a government-owned car that was allegedly taken on Dec. 5, 2012. The other refers to a government-owned computer that was allegedly taken on March 12, 2013.

Wiseman said he is not persuaded that prosecution of the charges contained in the two counts of removal of government property (or conspiracy to commit theft by deception charge) are indicative of multiple punishments for the same offense.

Ogumoro also objected to the criminal charges contained in three counts of misconduct in public office and one count of removal of government property, saying those charges fail to comply with Rule 7.

Under Rule 7, “The information shall be a plain, concise, and definite statement of the essential facts constituting the offense charged.”

Wiseman is not persuaded that the counts are deficient under Rule 7.

Citing precedent, Wiseman said the court explained that, “the Commonwealth, by Rule, need not bare their entire theory of the case for the defense at the outset of trial.”

Generally, Wiseman said, vagueness or indefiniteness of an information may entitle a defendant to a bill of particulars clarifying the charges.

As to the sufficiency of the information, Wiseman said he looks to the information as a whole and in the context of any discovery conducted.

The second amended information also charged Ogumoro’s co-defendant Herman M. Manglona with conspiracy to commit theft by deception and receiving stolen property.

The jury trial of Ogumoro and Manglona will commence on Dec. 7, 2015. Last week, Ogumoro’s co-defendant, Katherine Manglona, was dismissed from the case. Katherine Manglona is Ogumoro’s girlfriend and sister of Herman Manglona.

According to the allegations, Ogumoro brought a 1995 Toyota four-door Tercel that belonged to DPS to a shop for repairs using DPS funds totaling $2,500 in 2012 and then sold the vehicle as “scrap” for only $50 to Herman Manglona.

Ogumoro and Katherine Manglona also allegedly instructed a DPS staff to bring a DPS desktop computer to a shop for repair using DPS funding in the amount of $276.

The computer was allegedly later used in the office at True North Bar & Grill, which is owned by Ogumoro.