Court sets 2027 trial date for ex-DPS officer accused in 2023 assault

By Bryan Manabat
[email protected]
Variety News Staff

 

FORMER Police Officer Earl Borja will face a jury trial on Feb. 22, 2027, after pleading not guilty to charges stemming from the alleged assault of a 28-year-old man with a disability in Marpi late last year.

Borja appeared via video-conference from Tinian during Thursday’s status hearing and was represented by his court-appointed attorney, Janet King. King asked the court to set the matter for trial, and Associate Judge Lillian A. Tenorio scheduled the February 2027 date with no objection from Assistant Attorney General Heather Barcinas.

As of press time Thursday, no court information had been made available for former officer Elijah Villar, who was also involved in the Dec. 19 incident and later resigned from the Department of Public Safety.

Borja previously pleaded not guilty during a March 11 arraignment to charges of assault with a dangerous weapon, assault and battery, and misconduct in public office. At that time, King asked the court to allow Borja to return to Tinian to live with his parents, noting that he was no longer employed as a Saipan DPS police officer. Then-Superior Court Associate Judge Joseph N. Camacho granted the request.

On the same day, former Judge Camacho found probable cause on all three counts following testimony from Attorney General Investigation Division investigator Ikluk Masayos, and ordered the government to amend portions of Counts II and III.

The case stems from a DPS investigation launched in January into two officers — Borja and Villar — after the alleged assault of a man with a disability on Dec. 19 in Marpi. The victim’s father reported the incident on Dec. 22, saying his son had visible injuries and was taken to the hospital by family members.

According to the complaint, the victim told investigators he had been begging for money at LN Market when police were called. He said Borja and Villar arrested him, handcuffed him, and placed him in the back of their patrol vehicle. Instead of taking him to Kagman, as requested, the officers drove to Paupau Beach and then behind the former La Fiesta Mall.

There, the victim said Borja became angry, opened the back door, asked if he wanted to fight, and — while the victim was still handcuffed — struck him multiple times with a baton, causing his head to bleed. The officers later removed his handcuffs and released him.

Villar, in a separate interview, told investigators he saw Borja take out his baton and later heard him say, “I accidentally made [him] bleed.” Villar said he panicked and did not know how to respond.

DPS radio logs and GPS data contradicted Borja’s account that the victim had been hitting his head on the door during transport.

Borja resigned from DPS effective Jan. 20. Villar was placed on administrative duty after the incident and later resigned; his resignation took effect May 5.

Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.

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