Charges dismissed vs. 1 of 4 accused of assaulting DOC officer

The Commonwealth has asked the Superior Court to dismiss the charges against one of the four males accused of assaulting a Department of Corrections officer at a bar back in March.

Assistant attorney general Heather P. Barcinas, on behalf of the Commonwealth, has filed a motion asking the Superior Court to dismiss without prejudice the charges against Hitler Weilbacher, one of the four males accused of assaulting a DOC officer at a bar back in March.

When a case is dismissed without prejudice, it cannot be filed again.

“Upon further review of the evidence, the Commonwealth requires further investigation as to Weilbacher’s involvement. For good cause, the Commonwealth believes it is in the interest of justice to dismiss the case without prejudice as to Hitler Weilbacher, and order him released from custody,” Barcinas said.

Meanwhile, two more males were identified as defendants in this case; they are a 17-year-old minor and 18-year-old Antwon David S. Indalecio.

Initially, Leroy Villagomez Jr., 19, and Hitler Weilbacher, 27, were named defendants in this case until further investigation identified the minor and Indalecio as defendants.

Like Villagomez and Weilbacher, Indalecio also faces charges of assault and battery, and disturbing the peace.

Last April 3, Superior Court Associate Judge Joseph Camacho imposed separate $10,000 cash bails on Villagomez and Weilbacher for allegedly assaulting DOC officer Pius Yaroitemal Jr. at a bar in Garapan last March 23.

According to court documents, the Department of Public Safety received a disturbance in progress at around 3:14am on March 23 at Relox Bar in Garapan.

A responding police officer saw a group of individuals around Yaroitemal and were assisting in wiping blood off his face.

The officer observed Yaroitemal’s right eye was bruised, swollen, and closed with about an inch laceration above the right eyebrow and blood stains on his pants.

Yaroitemal was immediately transported to the Commonwealth Health Center’s Emergency Room.

Yaroitemal told investigators that he was outside the Relox Bar when Villagomez and Weilbacher started cussing and pushing him. He said Weilbacher punched him on the left side of his face, causing him to fall on the pavement.

While on the ground, Yaroitemal said Villagomez, Weilbacher, and an unidentified local man started kicking him on his body and face.

Yaroitemal said he knew Villagomez and Weilbacher when they were previously incarcerated at Corrections.

Inside the bar, one witness said Yaroitemal was approached by Villagomez, who started cussing at him.

The witness said everyone at the bar approached Villagomez and told him to leave and they also escorted him out of the bar.

Outside, the witness said Villagomez, Weilbacher, and an unknown man started punching and kicking Yaroitemal.

Another witness told police that Weilbacher came up to Yaroitemal from the side and punched him in the face.

The witness said Villagomez, and an unknown man joined Weilbacher in punching, kicking and stomping on Yaroitemal while he was on the ground.

As law enforcement investigated the incident further, they stated that they reviewed surveillance footage of the incident where they identified Villagomez, Indalecio, and the minor as the victim’s assailants.

They were allegedly also identified by witnesses in a photo lineup.

Surveillance footage allegedly showed Villagomez and the minor approaching Yaroitemal and then rushing him before pushing and punching him. The footage also showed Indalecio punching Yaroitemal, who fell face down onto the pavement. In addition, the footage allegedly showed the minor stomping on Yaroitemal while he was on the ground. Villagomez, Indalecio and the minor were later seen running away from the scene.

Villagomez said he ran away and when he looked back, he saw the minor stomping on the Corrections officer.