Prosecution drops kidnapping charge against robbery defendants

TO facilitate a non-trial disposition for the case, the Office of the Attorney General’s Criminal Division has agreed to drop the kidnapping charge against robbery defendants Jay Billy, 20, and JR Tipengeni, a.k.a. “Awatan,” 20.

Kidnapping carries a life imprisonment sentence.

Assistant Attorney General Heather Barcinas has requested the Superior Court that she be allowed to amend the information against Billy and Tipengeni. Judge Joseph N. Camacho granted the request.

Barcinas said the “Commonwealth agrees to amend the information to remove the kidnapping charge as to both defendants for purposes of a non-trial disposition.”

She said the defendants have agreed that should they withdraw their guilty plea, the Commonwealth will reinstate the kidnapping charge.

Billy and Tipengeni are now charged with robbery, aggravated assault and battery, and disturbing the peace.

A robbery charge carries 20 years’ imprisonment and a $10,000 fine or both. An aggravated assault and battery charge carries 10 years’ imprisonment and a $10,000 fine or both. The disturbing the peace charge carries six months’ imprisonment and a $500 fine or both.

According to the amended information, “On or about Dec. 10, 2024, [Billy and Tipengeni] unlawfully took property from the victim by use or threatened use of immediate force or violence, to wit: defendants took a bag containing $200, keys and three cellphones, by immediate force and violence.”

They also “purposely, knowingly, or recklessly caused serious bodily injury, to wit: by striking the victim, causing multiple facial fractures and contusions and fracture to his ribs,” and “willfully commit[ted] an act which unreasonably annoyed or disturbed the peace of [the victim] depriving his…right to peace and quiet, or which provoke[d] a breach of peace….”

Billy and Tipengeni’s co-defendants are three male juveniles.

Variety learned that the kidnapping charge against the three male juveniles, who are 15 years old, was also dropped. The case file and proceedings against the three minors are sealed.

Their victim was a taxi driver, and the incident occurred in December in Koblerville. 

Background

The Department of Public Safety obtained arrest warrants for five robbery suspects — two adults and three juveniles — after a video that went viral showed a group of individuals assaulting a person inside a vehicle.

Based on a preliminary investigation by DPS, a group of five males had called for taxi service at Cool Laundry in Fina Sisu. 

“A taxi operator later arrived and picked up the five males who requested to be dropped off at a pavilion located in the beach area of…Coral Ocean Resort. Officers learned from the taxi operator that when they arrived in the beach area…, one of the occupants used the seatbelt to choke him while others started punching his face and head. The operator was able to run away and reach another pavilion where he sought assistance from people who were at the pavilion to call for police. The victim sustained injuries to his face and was later transported to the Commonwealth Healthcare Corporation for treatment,” DPS said. 

“Officers further learned that the perpetrators were able to take the victim’s cell phones and cash that was secured in a fanny pack,” DPS added. 

According to court documents, police detectives traced a call to the victim from a cellphone used by one of the juveniles. 

The victim also reported to the police that he had tracked the location of one of his cellphones to Koblerville, which led investigators to Billy’s residence.

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