SUPERIOR Court Associate Judge Teresa Kim-Tenorio has granted the request of the government to dismiss without prejudice the 11 traffic charges filed against 19-year-old Benster S. Benjamin Jr.
At the preliminary hearing on Tuesday afternoon, Assistant Attorney General Steve Kessel moved to dismiss the charges after the lead highway police investigator, Jay Lee Laniyo, failed to establish without a doubt that the defendant was the driver of the vehicle in discussion.
Kessel told the court that he will refile the charges at a later date.
Benjamin appeared out of custody and was represented by Assistant Public Defender Emma Thompson.
Laniyo told the court that he identified Benjamin as the driver after interviewing the other five passengers of the vehicle.
Benjamin denied he was the operator, but admitted that he was the driver of the vehicle, the officer said.
Laniyo, however, could not explain to the court why he believed the driver was Benjamin when the vehicle was not registered under him.
Laniyo also could not say if Benjamin borrowed/rented the car or if someone lent the car to him.
Benjamin was charged by the government with driving under the influence of alcohol, refusal to submit to a breathalyzer test, driving while under the combined influence of alcohol and drugs, reckless driving, fleeing or attempting to elude an officer, speeding, open container of alcohol in a motor vehicle, failure to remain at the scene after an accident, false report, failure to wear a seatbelt, and driving without a license.
According to the police, on the early evening of Dec. 24, 2020, a complaint was received by the Department of Public Safety regarding a white Toyota Prius driving recklessly around the Tanapag Social Hall and then driving away from the area at a high rate of speed with occupants shouting out profanities.
At 8:50 p.m. on the same date, a police officer observed a white Toyota Prius on Beach Road, Garapan swerving and travelling at a high rate of speed. Police attempted to conduct a violator stop, but the vehicle refused to stop and continued travelling south at a high speed.
During the pursuit, the Prius was seen striking another vehicle but did not stop after the collision.
The Prius struck two more vehicles that were stopped at the Hard Rock traffic light intersection and continued to elude the police by disobeying the red traffic signal light. The Prius continued to travel southbound at a high rate of speed.
Another police vehicle that joined the pursuit observed that the Prius was traveling over 70 miles per hour.
On Beach Road in Chalan Laulau, the Prius rear-ended another vehicle and was sent running off the road way to the right where it knocked down a 35 MPH speed limit sign post and a pathway lamppost before flipping upside down.
Responding police officers saw five individuals crawling out of the wreckage and running in a southwest direction toward the shoreline.
The officers apprehended the five individuals while another individual who was unconscious and had serious injuries was found next to the Prius. He was rushed to the hospital by the Department of Fire and Emergency Medical Services medics.
Police also found an opened bottle of gin next to the passenger door and marijuana inside a black case.
The five individuals who were arrested initially told police that they did not know who the operator of the vehicle was.
Benjamin, for his part, told police that his younger brother was the operator of the vehicle, but the other individuals later told the police that Benjamin was the operator of the vehicle.
They also admitted consuming two bottles of gin and smoking two joints of marijuana prior to the speeding incident.
The police report did not indicate the ages of the other occupants of the Prius.
