AG to drop 2nd-degree murder charge vs Palma

The Attorney General Office agreed yesterday to drop the second-degree murder charge against the suspect in the death of Luciano Ortiz, provided that a non-trial agreement is reached on or before Sept. 21 this year.

At the same time, the prosecution, represented by assistant attorney general Phil Tydingco, agreed during yesterday’s preliminary hearing that the second-degree charge against Edgardo Palma would be changed to voluntary manslaughter, which has a lower maximum sentence of 10 years. Manslaughter is defined as killing a human being without preconceived malice.

This developed after Palma, through assistant public defender Jennifer Ahnsted, offered to waive his right to preliminary hearing on the second-degree charge.

“In exchange, the Commonwealth agreed that we would dismiss the second-degree murder charge without prejudice,” said Tydingco.

The parties’ agreement before Superior Court associate judge Kenneth Govendo provides that, if a plea agreement is not reached by Sept. 21, then the government has the right to re-file on that day the second-degree murder charge against Palma.

“If we reach an agreement, he will be changing his plea on Sept. 24 but if we don’t then we will be re-filing the case and we will be continuing the preliminary hearing on the second degree murder charge on Sept. 24,” Tydingco said.

Palma, who was arrested and charged over the mauling and eventual death of hotel painter Luciano Ortiz, still has the right to challenge the three other criminal charges that he faces: assault and battery, aggravated assault and battery, and disturbing the peace.

Friends and relatives of Palma, who attended yesterday’s preliminary hearing, were in tears as they met Palma in court.

Palma’s supporters had the chance to hug and kiss him on his way out from the court yesterday noon.

“Oh look at him, he’s lost lots of weight. I pity him,” said a woman.

Palma’s friend, Bogs Colegio, said he was extremely happy to see him again.

“I never thought that we would meet face to face! He [Palma] is like my brother. We treat each other as brothers. I was so distressed when I learned about what happened,” he said. He said he encouraged Palma “to be strong and not give up.”

Yesterday’s hearing was also attended by some of Ortiz’ officemates. “He [Ortiz] was a very quiet and kind person,” said one, who declined to be identified.

Ortiz, who was allegedly mauled by Palma over a woman, died in the early hours of Aug. 18 while under treatment at the Commonwealth Health Center. Ortiz had been hooked to a life support system from the time he was brought to CHC on Aug. 13.

Initial investigation showed that Ortiz and Palma had a heated altercation at the parking lot of the Dai-Ichi Hotel Saipan Beach on Aug. 13.