Despite a warning from a federal judge that he will be arrested if he drinks any alcoholic beverages again or violate other probation conditions, a probationer has tested positive for drinking beer.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona issued the arrest warrant last Friday against Hermanny Palacios Santos Jr.
The U.S. Marshal Service hauled Santos before the District Court last Friday afternoon.
U.S. Probation officer Gregory F. Arriola stated in his report that Santos admitted to consuming seven cans of beer last Oct. 27 and violated the location monitoring program by leaving his house.
Arriola said that last Oct. 28 he received information that Santos was not at his home in As Matuis and had gone to a family member’s home in San Antonio.
Arriola said that when he called Santos on the phone, Santos explained that the he had gotten into an argument with his stepfather and had left to prevent the situation from escalating.
Santos further explained that he did not call the probation officer because the landline phone was upstairs, where his stepfather was located.
On the same day, Santos reported to the U.S. Probation Office as directed where he was subjected to a breathalyzer test.
Arriola said when confronted with the positive results, Santos confessed he had seven cans of beer the previous night because he was upset about the incident with his stepfather.
Arriola said the sister agreed to provide a temporary housing for Santos in As Matuis.
The probation officer noted that the location monitoring device installed in Santos’ initial residence in As Matuis is currently “off system” due to lack of power caused by Super Typhoon Yutu.
Arriola requested the court to issue a summons for Santos to appear at a hearing and show cause why his supervised release should not be revoked or modified.
Last Oct. 17, Manglona did not revoke the supervised release of Santos who was found drinking beer in violation of the conditions of his probation, but instead modified the terms and conditions.
At the Oct. 17 hearing, assistant U.S. attorney Eric O’Malley asked the court to admonish the defendant that if he violates any other conditions again he will go straight to jail.
In modifying the supervised release, Manglona restricted Santos to his home at all times except for employment, education, religious services, medical and substance abuse treatment, attorney visits, among other activities.
Manglona ordered Santos to perform 50 more hours of community service in addition to the 100 hours imposed on him last June.
The judge warned him that he would be arrested if he violates any of the terms or conditions again.
Last June 12, the U.S. Probation Office informed the court that Santos tested positive for the use of methamphetamine. The defendant entered a “no contest” to the allegations, prompting the court to modify his conditions of supervised release.
In December 2016, the District Court slapped Santos with a 21-month prison term after he pleaded guilty to two counts of felon in possession of a firearm and ammunition.