JURORS on Friday found Eduardo Fabia, 50, not guilty of all the charges filed against him in connection with a fatal vehicle crash at the Puerto Rico intersection on Feb. 1, 2021.
Fabia was the driver of a garbage truck that collided with a pick-up, killing one of its two passengers and injuring the other. The two were riding in the bed of the pick-up.
Asked for comment, Fabia expressed his gratitude to the jury and his defense lawyers, Assistant Public Defenders Jean Pierre Nogues and Vina Seelam.
Fabia said he is glad that the trial is over.
Assistant Attorneys General Steve Kessel and Heather Barcinas prosecuted the case.
“The matter was brought before the jurors,” Kessel said. “They did their job. We thanked them for their service.”
Fabia was initially charged with homicide by vehicle, traffic signal violations, and reckless driving.
On Thursday, Superior Court Associate Judge Wesley Bogdan dismissed the reckless driving charge.
After the defense rested its case on the same day, Seelam, outside the presence of the jury, moved for the acquittal of Fabia, saying that the court had heard from witnesses who testified that the traffic light was green when the defendant’s truck passed through the intersection on the day of the accident.
She said the court had also seen video and photo evidence showing that the light was green right after Fabia’s truck passed through the intersection and collided with the pick-up.
Assistant AG Steve Kessell opposed the motion, saying it was the jury that should decide whether to convict or acquit the defendant.
Judge Bogdan took the motion under advisement. On Friday, the jurors informed him that they had reached a verdict.
Assistant Public Defender Jean Pierre Nogues during the trial said: “If there is evidence that [the pick-up driver Quin C.] Manglona was violating sections of the traffic code, and the violation of those traffic codes was reckless, that would suggest that it is not my client who is guilty of reckless driving for homicide by vehicle, but actually the driver of the pick-up truck.”
CNMI traffic law prohibits pick-up passengers from riding in the bed of the truck if there is space in the truck’s cab.
Based on photos submitted as evidence by the defense, the cab was completely empty, Nogues said.
He also submitted a photo of a phone on the driver’s side floor of the pick-up taken after the accident and said that the police did not question whether Manglona was on his phone while driving.
At the trial, Fabia testified that “there is no doubt the light was green when he crossed” the Puerto Rico intersection on Middle Road.
Fabia told the jurors that his attention was on the road that day and he was familiar with the traffic lights and speed limits in the Puerto Rico area.
He said he was focused on the road and had “no issues with my eyes.” He added, “Got eyes checked in December [2020]. Doctors said my eyes were okay and I was issued a certification for driving.”
Fabia’s jury trial began on May 23, 2022.
The pickup passenger who died was Raju Miah while the other passenger, Rommel Irang, sustained serious injuries. The pickup’s driver/operator, Quin C. Manglona, was treated at the hospital and was later discharged.
Irang filed a separate civil complaint against Fabia and his employer, Artman Environment Corp., in Superior Court accusing them of reckless, careless and negligent driving. Irang is demanding damages.
A personal representative of Miah also sued Fabia and Artman for wrongful death and negligence, and is demanding damages.
Both civil complaints are pending before the court.
Eduardo Fabia, 50, speaks to reporters after jurors on Friday acquitted him of all charges in connection with a fatal vehicle crash at the Puerto Rico intersection on Feb. 1, 2021. Behind him are Assistant Public Defenders Jean Pierre Nogues and Vina Seelam.
