KAGMAN resident Nicholas N. Yarolfalchuw, through attorney Joseph Horey, on Monday filed a complaint in federal court against a Department of Public Safety police sergeant and a DPS officer for unlawful arrest.
Yarolfalchuw, who is alleging deprivation of civil rights, is asking the District Court for the NMI to issue an order awarding him an unspecified amount of damages.
The complaint named Police Sgt. John Cabrera, and Police Officer Daniel Fitial as defendants.
At all times pertinent to the complaint, Horey said, the DPS officers were in uniform and on duty, and their vehicles were marked CNMI DPS police vehicles.
According to the complaint, on May 10, 2021 at approximately 5 p.m. Yarolfalchuw was sitting in a pavilion within the premises where he resided, talking with relatives, when Cabrera arrived and entered the premises, parking beside the pavilion.
After a short discussion, the complaint stated, the plaintiff advised Cabrera that he was trespassing, and instructed him to depart.
“Cabrera did not depart, and instead used his [police] vehicle to block the driveway constituting the entrance to the premises,” the complaint stated.
Fitial then arrived at the premises in another vehicle.
Under the direction of Cabrera, Fitial ordered the plaintiff to place his hands behind his back.
Fitial then placed the plaintiff in handcuffs, and ordered the plaintiff to get into Fitial’s vehicle.
Fitial drove the plaintiff to DPS headquarters where the plaintiff was held in custody for the rest of the day and the following night, until he was released at about 4 p.m. the following day.
“At no time did defendants, or either of them, have any warrant for either the search of the premises or the arrest of plaintiff,” the complaint stated.
In an interview on May 13, 2021, Yarolfalchuw said he was arrested by the police for no reason, adding that they also did not read him his Miranda rights.
But he said an officer told him that he was being arrested for obstruction of justice, and disturbing the peace.
The next day, he said, a detective asked him to explain what he meant when he said he was going to “shoot” a drone. “Shoot it with what?” the detective asked.
“With a slingshot,” Yarolfalchuw replied.
He told Variety that he had earlier asked a Fish and Wildlife agent about a drone that was flying over Yarolfalchuw’s residence.
Variety was unable to get a comment from DPS.
Nicholas N. Yarolfalchuw
