FOLLOWING the death of the victim in the case, Superior Court Judge Joseph N. Camacho on Monday granted the prosecution’s request to dismiss with prejudice the case against Norman Desebel Kapileo.
Kapileo, 47, was charged with assault and battery, assault with a dangerous weapon, and disturbing the peace.
Assistant Attorney General Steve Kessel, in the motion to dismiss with prejudice, told the court that the victim and the government’s primary witness died on Jan. 21, 2022.
The motion did not state the cause of death.
Judge Camacho previously set the jury trial for June 6, 2022 at 9 a.m.
Kapileo was arrested for pistol whipping another individual.
According to police, they responded to possible gunshots in an abandoned apartment in Garapan on Nov. 4, 2021 at approximately 10:48 p.m.
The victim, Peter Aldan, told police that prior to the incident, Kapileo came to the abandoned building looking for another individual.
When Aldan said he did not know the whereabouts of the other individual, Kapileo got mad and pulled a gun out of his pocket and pistol whipped Aldan.
The victim said when he realized that it was a gun that Kapileo was holding, he reached for it and held Kapileo’s right arm and wrist. Kapileo then shot a round.
The victim said he continued struggling with Kapileo as Aldan tried to take the gun away from the suspect.
During the struggle the victim said three more shots were fired, but he did not recall which direction it was fired.
The victim stated that when he and Kapileo fell to the ground, he hit Kapileo’s hand hard enough and “the gun flew south of where they were at.”
Kapileo then got up and left, the victim said.
He also told police that Kapileo drove to where the gun was, and that he saw Kapileo’s car stop in the middle of the road followed by the sound of the car door opening and closing. Aldan said he did not know where the gun was or who had taken it.
The next day, he said Kapileo apologized for what had happened.
Police noted that the person Kapileo was looking for had a fight with Kapileo’s brother on Nov. 3, 2021.
The gun was described by the victim as a snub-nosed revolver.
