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There is probable cause on murder charges vs Sibetang
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Posted on Mar 24 2000
Superior Court Associate Judge Timothy H. Bellas yesterday found probable cause in the filing of five counts of criminal charges against Dwayne M. Sibetang, 28, in connection with the slaying of a nonresident worker at Coco Garden in Capitol Hill on March 16, 2000.
Mr. Sibetang was charged with first degree murder, second degree murder, assault with a dangerous weapon on Ma Dong Che and Li Xing Fan, and burglary.
During the preliminary hearing, Detective Mark Taisacan testified that Mr. Sibetang has confessed to the killing of Mr. Ma by stabbing him on the chest. Another Chinese, Mr. Li, was injured when he struggled to grab the knife from the suspect after seeing his roommate lying in a pool of blood.
Assistant Public Defender Robert Torres argued that his client, Mr. Sibetang, should be transferred to the Commonwealth Health Center and not detained at the Division of Corrections since he needs medical treatment.
Mr. Torres added that DOC has no right to put Mr. Sibetang in isolation on grounds that it violates the American Disabilities Act.
“He is mentally ill; that means he needs treatment so he should be at CHC,” he said.
However, Assistant Attorney General James Benedetto said Mr. Sibetang should remain at DOC because of public safety concerns and the hospital is not equipped to take care of the suspect.
Lack of money to provide the necessary treatment for mentally disturbed patients like Mr. Sibetang should not be an issue, according to Mr. Torres. “It is time for them (CHC) to do their job. The court should order him to be brought to CHC and be treated there,” he said.
Judge Bellas ruled that Mr. Sibetang should remain at DOC first pending a planned meeting with Public Health Secretary Joseph Villagomez to thresh out the problem whether CHC should be the proper place to handle the suspect or not. Mr. Sibetang, however, will be brought to CHC for his regular medication.
Judge Bellas also allowed the defense to get a competent forensic psychiatrist from Guam to evaluate the mental state of Mr. Sibetang.
