Govendo finds Corrections officer Camacho guilty

Corrections Officer Ray Anthony Maratita Camacho talks with his aunt, vice speaker Janet Maratita (R-Saipan), and a relative in the parking lot of the CNMI Judiciary complex in Susupe shortly after Superior Court Associate Judge Kenneth L. Govendo rendered his verdict finding Camacho guilty as to the charge of assault and battery for beating an inmate at the Department of Corrections. (Ferdie de la Torre)

Superior Court Associate Judge Kenneth L. Govendo rendered yesterday his verdict finding Corrections Officer Ray Anthony Maratita Camacho guilty as to the charge of assault and battery for beating then-inmate Ryan Cavalear inside the Department of Corrections.

Govendo said grabbing Cavalear by the neck and putting him up on the floor does rise to the level of being unlawful.

“I wish that I did not have to find you guilty. I truly wish that. But like you, I took an oath to follow the law and I find you guilty of assault and battery,” Govendo told the 37-year-old Camacho, who appeared listening intently to the judge.

Sentencing will be on June 6, 2017 at 1:30pm.

Govendo, however, disclosed that he does not intend to sentence Camacho to jail time at all.

Citing that it’s dangerous and uncalled for, the judge said he is not going to send a DOC guard back to the prison, where he is tasked with watching the prisoners.

Assault and battery has a maximum sentence of up to one-year imprisonment.

Govendo said considering that Corrections Officer Admisen Dasio Haddy is still working at DOC, he would like to see Camacho keep his job.

“I don’t know if that’s possible whether that sends a wrong message out. And there’s nothing I can do about it, but it could be both counsel to talk about it,” he said.

The Office of the Attorney General also charged Haddy over the beating of Cavalear on April 1, 2016, but the Corrections officer signed a plea deal with the government and testified for the government during Camacho’s trial.

Govendo said he realized why the government charged Camacho.

“The government is trying to send a clear message out there that this kind of stuff at the Department of Corrections is going to stop,” Govendo said.

“As Camacho testified, this stuff goes on all the time at the Department of Corrections,” said Govendo, adding that the defendant did not give details about the matter.

Cavalear claimed he is an Army veteran and broke his back during his military service. He was jailed at DOC for theft. He is about 130 lbs, while Camacho is about 300 lbs. Camacho’s father, Board of Parole chair R.B. Camacho, watched the whole trial.

Assistant attorney general Matthew Baisley, counsel for the government, in an interview said they are happy with the verdict. He said they are going to evaluate the presentence report that will be submitted in court by the Office of the Adult Probation.

Baisley said the fact that Camacho has no prior conviction and the fact that this is a misdemeanor assault and battery, it certainly weighed on defendant’s favor.

Baisley said the fact that Camacho was entrusted to care for the people housed at DOC and was found guilty for mistreating an inmate would weigh against him.

“We’re going to balance those things in making a decision,” the prosecutor said, referring to the government’s sentencing recommendation.

Saipan Tribune failed to get comments from defense counsel Colin Thompson as he immediately left the courtroom.

The bench trial started last April 11. The trial was completed Monday afternoon, but Govendo rendered his verdict yesterday morning.

Before announcing his verdict, Govendo said he is going to start out by lecturing a little bit about the Department of Corrections, which needs help.

“It needs a lot of help starting right now, said Govendo as he urged the Office of the Attorney General to push for such training.

“And start pushing for it today. Training, training, and more training,” the judge said.

Govendo cited that the government’s witness, Department of Public Safety police director Pete Deleon Guerrero, and the defense witness, former Federal Bureau of Investigation special agent Frank Ishizaki, stated that more training for DOC officers is necessary.

Govendo said it is obvious from this case that much more training is necessary.

The judge called on the government and let Attorney General Edward Manibusan himself to be the one to push for more training.

“Start pushing today, start pushing tomorrow. Do not take anything for granted,” he said.

Govendo said as former DOC Commissioner Georgia Cabrera testified, when she was the shift commander at DOC she touched base on use of force.

“What is touching base have to do with the use of force? You train, you teach. Now you got some videos showing how not to use force. Use that as a training method,” he said.

Govendo said let every officer and every inmate know that everything that goes on at DOC is being recorded and watched.

In Camacho’s case, Govendo said a police officer noticed red markings on the neck of Cavalear, and he took pictures.

Govendo said the officer testified that when he took pictures, Cavalear was in pain.

Govendo said he examined the photos and found that certainly there are red marks.

He noted that here is nothing in the testimony that Cavalear did the marks to himself.

“I don’t believe for one minute that those marks were caused by Mr. Cavalear himself,” the judge said.

The video showed Cavalear being transferred from his cell to the holding area before going to pod cell.

Govendo said a Corrections officer testified that the defendant came to him and asked if he observed him slapping Cavelear.

“So obviously Mr. Camacho knew that he did something wrong by asking about that,” Govendo said.

The judge said another witness testified that Cavalear was angry because he was not getting medicine and that Camacho was angry and not happy because he was not relieved from his post and had to stay back for four hours.

Govendo said a new Corrections officer testified that he knew about the use of force and testified that Camacho grabbed Cavalear in the neck.

“I consider this to be more of headlock because Cavalear was trying to move away from being taken off the bed and being handcuffed. But one way or the other it was grabbing his head and it should not have been done. Training, training, and training,” Govendo said.

Govendo said Camacho has been a DOC officer for over 16 years and there has been no evidence brought about prior occurrences or similar acts.

I wish that this matter could have been handled internally by DOC without the necessity of a lawsuit or criminal charge being filed,” he said.

Govendo said Haddy, whom he is more convinced hurt Cavalear much more than Camacho did, is still working at DOC.

Govendo said he watched one of the videos five or six times in which Camacho allegedly slapped Cavalear in the face.

Govendo determined it was not a blow, not a punch, but it was touching and that does not rise to a level of a crime.

Govendo said in that video it was Haddy who reached Cavalear up to his neck and also stepping on the inmate’s foot.

However, the judge said, Camacho grabbing Cavalear by the neck and putting him up on the floor, does rise to the level of being unlawful.