Associate Judge David A. Wiseman ordered Jesus C. Ngeskebei of San Antonio to report to the Department of Corrections at 8 a.m. on March 30.
Ngeskebei will be released on April 30 but he will be placed supervised probation for the duration of his suspended sentence.
Ngeskebei will pay a fine of $300, at a minimum rate of $50 a month after he is released from jail, and an assessment fee of $25 and probation fee which will be assessed by the Office of Adult Probation.
He will report to the Community Guidance Center for an initial evaluation, undergo counseling and comply with any terms of treatment under the direction of the probation office.
He will write a letter of apology and have no direct or indirect contact with the victim unless reconciliation takes place.
He must not consume alcohol throughout the duration of his probation, and must obey all CNMI and federal laws.
Wiseman set the review hearing for July 29.
The defendant appeared for the sentencing on March 4 with his counsel Joaquin DLG. Torres. Assistant Attorney General Rebecca Warfield appeared on behalf of the government.
Wiseman said the court does not consider the defendant, who had one criminal case more than 25 years ago, as a dangerous threat to the society.
“The court, however, is concerned with the assault found to have been made by the defendant on a victim who is mute,” Wiseman said.
He added that the statement made by the victim’s brother “alleges a situation that has a potential to become a more dangerous one for the victim.”
“The court notes the defendant’s acceptance of responsibility for his actions by making an apologetic statement to the court,” Wiseman said.
The judge added that this is a case where the best interests of justice and the society will be served by imposing a jail term that will have a deterrent effect on the life of the defendant upon his release.
The Attorney General’s Office charged the defendant with one count of assault and battery.
The AGO stated that the defendant hit the victim’s face on July 27, 2007.
The defendant was found guilty of assault and battery following the victim’s testimony during a two-day bench trial.
Based on evidence, Wiseman determined that there initially was consensual sex between Ngeskebei and the victim.
But although there was consensual sex in the matter, Wiseman said the physical abuse involved was far outside the consent.
Through sign language and despite inconsistencies due to translation problems, the victim testified that the defendant grabbed her and bit her.
Wiseman found the victim’s testimony credible.
