Superior Court Presiding Judge Robert C. Naraja has slapped a sentence of five years and 11 months imprisonment against Fermin Manuel Castro, an ex-convict who caused injuries to a woman he tried to rob her at her apartment unit in Garapan.
Naraja sentenced the 28-year-old Castro to 10 years in prison, all suspended except for five years, for attempted robbery.
For violating the terms and conditions of his probation in his previous criminal conviction, Castro was ordered to spend 11 months in jail of the suspended sentence.
The defendant was given credit for 391 days of time served. He will be released from the Department of Corrections no later than 4pm on March 4, 2021.
After completing the prison term, Castro will be placed on supervised probation for five years. He was ordered to pay restitution to the victim in the amount of $1,067.07 for her medical bills.
Castro was ordered to pay $500 in probation fee and $100 in court assessment fee.
For the entirety of the probationary period, the defendant is prohibited from having direct or indirect contact with the victim and her family.
Castro is prohibited from possessing or consuming any alcoholic beverages or controlled substances during the probationary period.
A review hearing will be held on May 11, 2021.
For the home invasion case, the Office of the Attorney General charged Castro with attempted robbery, assault with a dangerous weapon, assault and battery, and disturbing the peace.
Castro and counsel, Samuel I. Mok, signed a plea deal with the government represented by assistant attorney general Chester Hinds.
Castro pleaded guilty to attempted robbery. As part of the plea deal, Hinds moved to dismiss the remaining charges. Naraja granted the motion.
The defendant also admitted to violating the terms and conditions of his probation in the 2013 criminal conviction.
In November 2013, Castro pleaded guilty to assault and battery for domestic violence. In this case he has a remaining 11 months of suspended sentence.
According to the factual basis of the plea agreement, Castro attempted to rob the woman by the use of force on April 14, 2015.
The victim reportedly sustained several injuries when Castro broke into her apartment unit in southern Garapan, threatened to rape her, and punched and slashed her body with a knife during the attempted robbery.
Castro was arrested after the victim identified him as her former neighbor.
When a police officer arrived, he observed the victim had a black eye, swollen left eye, swollen forehead and left head, scraped marks and cut on the right shoulder and elbow.
Citing Castro’s criminal history, then-associate judge David A. Wiseman said the court considers Castro as a danger to the community and a menace to society.