“The Office of the Attorney General has accepted former DPS Officer Jesse Dubrall’s request for attorney representation,” according to a statement released by the AG’s legal intern and media officer Lynnette Van Wyngarden.
Under CNMI law, according to the statement, “the OAG represents government employees sued for acts that allegedly occurred within the scope of their employment.”
“Mr. Wang is suing Mr. Dubrall for alleged acts that occurred while Mr. Dubrall was performing duties as an officer for the CNMI Department of Public Safety, Division of Police,” the statement added.
Dubrall’s “duties were performed while executing an arrest warrant to apprehend a major ‘ice’ dealer,” according to the statement.
The AG’s office conducted an independent investigation of the incident and has determined that, “under the law, Mr. Dubrall was acting within the scope his employment with CNMI DPS. Thus, under the law, the OAG will defend Mr. Dubrall from the lawsuit filed against him,” the media statement said.
Represented by attorney Robert J. O’Connor, Jin Dong Wang sued Dubrall in federal court for severe head and ribcage injuries he sustained after Dubrall hit his head with the butt of the gun and kicked him in the ribs and buttocks several times during a botched raid on Oct. 18, 2010.
Jin Dong Wang was mistaken by police as the “ice” dealer who was the object of an anti-illegal drugs operation in As Lito.
In his response filed by Assistant Attorney General Michael Stanker in federal court, Dubrall denied using “unreasonable force,” and denied Jin Dong Wang “suffered severe injuries on his head, abdomen, buttocks, and legs.”
Dubrall admitted that Jin Dong Wang was brought to the Commonwealth Health Center for treatment.
Dubrall also admitted he was the “man” described by Jin Dong Wang in the complaint, and admitted he was armed, that he ordered Jin Dong Wang to get down, and that he handcuffed the complainant.
Dubrall said he acted under color of state law.
He said he subsequently resigned from DPS.
The first amended complaint, which is also asking for a jury trial, said DPS “investigated [this matter] and found that assault and battery…and assault with a dangerous weapon…was committed against Mr. Wang.”
