HAGÅTÑA (The Guam Daily Post) — Two suspects accused in the fatal shooting and robbery at Thai Thai Healthy Cuisine restaurant last month have yet to answer to their charges.
More than a month after Domingo Mendiola and Jenna Manibusan were charged in connection to the death of Sumittra Lairopi on Feb. 14, the pair appeared in the Superior Court of Guam to answer to their charges.
However, neither would enter a plea of guilty nor not guilty but for different reasons.
Arthur Clark, Mendiola’s appointed attorney, filed a motion to withdraw because he knows the owner of Thai Thai, who was present the night of the shooting.
The Office of the Attorney General filed an opposition to Clark’s withdrawal, to which Clark said he was confused because the owner of the restaurant “sounds like a significant witness” in the case based on the evidence provided.
“(The evidence) discusses how they were all, including the owner, … in the restaurant at the time the defendant … allegedly tried to enter the premises. I’m assuming (the owner) was one of the witnesses who observed that and that she was the first person out the door to give aid and assist the victim in this manner after (Lairopi) was shot and (the owner) was the one yelling, ‘Call 911,’ and she was subsequently interviewed by a (Guam Police Department) officer,” Clark explained.
The prosecutor present at the arraignment, Charlie Carsey, was unaware of the opposition to Clark’s motion to withdraw and said he would need to discuss with his colleague Sean Brown.
Magistrate Judge Benjamin Sison Jr. granted Clark’s motion. Attorney Richard Hamlin was appointed to represent Mendiola at his next hearing on April 2.
Evidence
Manibusan also didn’t answer to her charges because her attorney, Richard Dirkx from the Alternate Public Defender, still needs evidence in the case to determine there is no conflict of interest in representing Manibusan.
Dirkx said he received evidence from the AG’s office, but several items were missing, such as her cooperating with GPD when she was interviewed by multiple officers.
“That material should be entirely exculpatory,” said Dirkx, who added he’s received a summary but not all the notes from the officers.
Dirkx also mentioned a report from the SWAT team that went to Manibusan’s house was not provided and continued to explain evidence related to a witness accusing Manibusan of her involvement in the shooting was not provided.
“Apparently, the entire case against Ms. Manibusan, … 100% of it comes from the other male robber who was at the scene with Mr. Mendiola, a full participant in the robbery. And if he wasn’t the shooter, he was with the shooter and there was a gun,” Dirkx said.
When police launched an investigation into the shooting, they identified two male suspects. But since then, only Mendiola has been arrested and charged for allegedly being the shooter in the case.
Court documents also state an unnamed witness provided information to GPD during their investigation.
Dirkx then explained he needed information on the other individual to ensure that there were no conflicts of interest in representing Manibusan.
“I’m looking, at this point, for witnesses. I’m looking for any obstacle … to representing Ms. Manibusan. I can see that this unindicted co-actor was arrested, but there’s no report. I can see that the unindicted co-actor made a number of statements, but they’re referred to by other police officers. There are no notes, … no written statement, … no interviews,” Dirkx said.
“I don’t know who else this unindicted co-actor is claiming was involved. So that arrest report and the subsequent material about his interview and there must be a cooperation agreement, there’s a reference to a reenactment video, … but we’re unaware of it,” Dirkx added requesting again for the evidence and for a continuance of the arraignment.
Sison granted the request, and Manibusan was scheduled to appear again April 2 with Mendiola.
Thai Thai Healthy Cuisine restaurant was the location of a shooting on Wednesday, Feb. 14, 2024, as seen Thursday Feb. 15, 2024, in Tamuning.
