Manglona directed Benjamin Joseph Fitial to report to the Department of Corrections to start serving his sentence on Dec. 1, 2010. He will be released 90 days after.
Fitial has signed a plea agreement, together with his court-appointed defense counsel Bruce Mailman, and Assistant Attorney General Benjamin Petersburg, the prosecutor.
Manglona noted in her written judgment and commitment order that Fitial had been convicted of DUI three times already.
The court dismissed with prejudice the remaining charges in the two cases against Fitial.
For assault and battery, Manglona sentenced Fitial to one year imprisonment, all suspended except for the first 90 days.
For the DUI case, Fitial was sentenced to one year imprisonment, all suspended except for the first 90 days.
Manglona said both sentences will be served concurrently by Fitial.
After his release from prison, Fitial will be placed on three years probation, and must not possess any illegal firearms.
Fitial was required to perform 100 hours of community work service, and not to have any contact with his victim Manuel Ogarto.
For his traffic case, Fitial will be placed on one year probation, pay a $1,000 fine, a $25 court assessment fee within 30 days, and an annual probation fee of $100.
Fitial is prohibited to possess or consume any alcohol, and he cannot enter any bar or establishment that sells alcohol during the term of his probation.
Fitial will submit to a urinalysis, a portable breath test, an intoximeter, or other related tests to monitor compliance with conditions, and to obey all federal and CNMI laws.
He will complete an alcohol information course and pay a $100 fee to the Catholic Social Services.
Fitial threw a rock at Ogarto, a staffer of the Office of Vocational Rehabilitation, after the victim failed to lend his car to the defendant last April.
Police said the back of Ogarto’s neck had a large bruise.
