The 18-year-old who accidentally shot himself and his brother while playing with their sister’s police-issued firearm pleaded guilty on charges of aggravated assault and battery and unlawful discharge of a firearm.
The guilty plea was made by Kody Omengkar during arraignment last Monday in the court of Superior Court Presiding Judge Robert C. Naraja.
According to an experienced CNMI prosecutor, it is unusual to enter a plea of guilt during arraignment but also not unheard of.
“Arraignment is a preliminary court hearing where defendants enter a plea of guilty or not guilt. It is unusual for a defendant to enter a not guilty plea this early because the government has probably not shown much evidence,” he said.
“On the other hand, if facts are not generally in dispute, defendant might plead guilty at arraignment to demonstrate early acceptance of responsibility and genuine remorse. The judge will no doubt give him a more lenient sentence because of this,” he added.
Omengkar will be subject to sentencing after his guilty plea is made in court.
On Dec. 21, 2017, while in a moving vehicle Omengkar shot himself and his brother, Kory Omengkar, with a .40 caliber Glock 22, a weapon issued to their sister and then police office Jaimie Omengkar.
According to Klyde Camacho, who was the driver, the three were at Jaimie Omengkar’s home in San Roque when Klyde Omengkar asked to borrow her car to get something to eat.
Camacho, along with Kory and Kody, drove to Twin’s Supermarket in Dandan to buy food and left. A few seconds after getting into Chalan Monsignor Guerrero, Camacho heard a loud bang inside the car and saw Kory holding the left side of his chest, saying his back is feeling numb.
Kory sustained a two-and-a-half inch laceration on the left side of his chest as a result of the gunshot wound and he is now in stable condition. Kody was also treated for his injuries and now is stable condition.
Kody admitted playing with the gun and pulling the trigger several times. He said that Klyde and Kory became mad at him for touching the weapon so he put it back in the holster.
However, after leaving Twin’s Supermarket, Kody said he pulled the trigger again, causing the weapon to discharge. The bullet grazed his leg and shot into the back of his brother, Kory, who was seated in the front passenger seat.
At the bail hearing, Omengkar was ordered to post a $50,000 bail, but he wasn’t able to and was remanded to the Department of Corrections.
Meanwhile, Jaimie Omengkar resigned from the Department of Public Safety on the day of the incident. No charges are filed against her.
Chief prosecutor Michelle Harris told media last Friday that the Attorney General’s office has not made any final determination on Jaimie Omengkar’s case.