A 68-year-old man was acquitted on Tuesday on charges that he beat up his 62-year-old long-time friend and business partner at the latter\u2019s residence in Chalan Lau Lau. <\/p>\n
Superior Court Associate Judge Joseph N. Camacho adjudged Timothy Peter Baker not guilty of assault and battery, and disturbing the peace charges.<\/p>\n
In granting defense counsel Jose Mafnas Jr.\u2019s motion for judgment of acquittal, Camacho found that the government has failed to prove beyond a reasonable doubt that Baker committed the offenses. <\/p>\n
Camacho said the law allows a person to defend himself from an initial aggressor, which is the essence of self-defense.<\/p>\n
The judge determined that the alleged victim, Danilo Asuncion, initiated the fight when he \u201cchest bumped\u201d Baker.<\/p>\n
He said Asuncion would have been within his rights to call the police and have Baker removed from his property.<\/p>\n
\u201cBecause Mr. Asuncion was not in immediate danger, Mr. Asuncion did not have the right to take the law into his hands and initiate the fight,\u201d Camacho pointed out. <\/p>\n
The judge, however, noted that he finds the testimony of Asuncion credible.<\/p>\n
Asuncion testified that he has known Baker for years and that both of them are business partners.<\/p>\n
Asuncion said that on Oct. 16, 2017, Baker came to his house located behind Ink Box on Chalan Pale Arnold Road in Chalan Laulau, Saipan.<\/p>\n
Asuncion said while discussing business matters with Baker, the discussion escalated into their shouting match with strong profanity used.<\/p>\n
Camacho said at some point the two elderly men stood face to face, in which Asuncion was the initial aggressor when he used his chest to bump Baker.<\/p>\n
Camacho said Baker responded by hitting Asuncion with a plastic cup and the two started fighting.<\/p>\n
The judge said Baker, perhaps being bigger in size, got the better of Asuncion.<\/p>\n
Asuncion received minor injuries such as scratches and bruises to his face, neck, chest, ribs, and stomach area.<\/p>\n
Camacho said the fight between the two ended when Asuncion grabbed a knife and told Baker to back off.<\/p>\n
Baker backed off and Asuncion put the knife away. The fight ended.<\/p>\n
Camacho said Asuncion had a cellphone, which could have been used to call the police before the fight happened.<\/p>\n
Asuncion testified that he had a cell phone, which he used to call 911 after Baker\u2018s attack.<\/p>\n
A police officer testified that he responded to the scene and observed injuries on Asuncion, but Baker had no injuries.<\/p>\n
The officer said he then arrested Baker, who stated that he and Asuncion were talking about their boat, and that Asunscion got angry, and an altercation ensued.<\/p>\n
The bench trial commenced Monday. <\/p>\n
Assistant attorney general Jonathan Wilberscheid, counsel for the government, called to the witness stand Asuncion, three police officers, a Commonwealth Health Center doctor, and an emergency medical technician.<\/p>\n
After the last witness, Asuncion, completed his testimony, defense counsel Mafnas moved to acquit Baker.<\/p>\n","protected":false},"excerpt":{"rendered":"
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