Man convicted of drug trafficking
A six-member jury convicted David Tanaka Diaz of drug-trafficking and criminal mischief charges at the conclusion yesterday of the six-day trial presided by Superior Court Associate Judge Juan T. Lizama.
The judge also found the defendant guilty of the five other charges, including unsafe backing, fleeing/attempting to elude a police officer, hit-and-run, reckless driving and illegal possession of a controlled substance.
The prosecution, through Assistant Attorneys General Daniel Cohan and Janine Udui, convinced the court of Diaz’ guilt on the seven-count charges by presenting corroborating witnesses’ testimonies, as well as, physical evidence pertaining to the events that occurred on August 29, 2001.
Diaz was apprehended that day in the district of Garapan, where authorities were able to seize from him quantities of crystal methamphetamine or ice.
Aside from the drug charge, prosecutors were able to prove beyond a reasonable doubt that Diaz had fought to elude police arrest and in the process, rammed into a police vehicle and injured several bystanders.
After disclosing both his and the jury’s verdict, Lizama proceeded to impose the sentence on Diaz, which is as follows:
A $500-fine and restitution to the Department of Public Safety on the unsafe backing charge; six months incarceration with a $500-fine on the fleeing/attempting to elude a police officer charge; six months incarceration with a $500-fine for the hit-and-run charge; six months incarceration with a $1,000-fine for the reckless driving charge; and a $50 fine for illegal possession of a controlled substance.
The court has yet to impose a sentence on the two other charges—drug-trafficking and criminal mischief—pending the release of a pre-sentence report.
Illegal trafficking of a controlled substance, in itself, has a mandatory minimum sentence of 25 years, according to the court.
Diaz was represented by court-appointed counsel Antonio M. Atalig.