ASSISTANT Public Defender Vina Seelam is objecting to the criminal charges requested by the Office of the Attorney General against her client, Tiepo Nikiti.
The AG’s office previously charged Nikiti with misdemeanor: assault and battery, and disturbing the peace.
Recently, Chief Prosecutor Chester Hinds requested the court to amend the charges against Nikiti to “Count I: Aggravated Assault and Battery, in violation of 6 CMC 1203(a); and Count II: Disturbing the Peace, in violation of 6 CMC 3101(a).
As for Nikiti’s co-defendant, Rep. Vicente C. Camacho, the prosecution also requested the court to charge him with “Count I: Aggravated Assault and Battery, in violation of 6 CMC 1203(a); Count II: Strangulation, in violation of 6 CMC 14689(a)(1), and Count III: Disturbing the Peace, in violation of 6 CMC 3101(a).”
Camacho, 61, and Nikiti, 21, were accused of assaulting Steven Koch on Oct. 29, 2021 in Chinatown.
The initial charges against them were considered misdemeanors.
But after careful review of the evidence, and additional investigation conducted by the AG’s office and the Department of Public Safety, Hinds said the information filed on Nov. 10, 2021 must be amended to reflect the actions of the defendants on the night of Oct. 29, 2021.
According to Hinds, “The victim (Koch) has suffered serious bodily/psychological injury due to the actions of the defendants and the information should be amended to reflect those actions. Mr. Koch, as evidenced by his medical records and examinations, has sustained serious bodily/psychological injury, after the night of Oct. 29. On the night of this incident, Mr. Koch was punched multiple times and the defendant pinned his knee on Mr. Koch’s neck causing him to lose consciousness.”
The defendants’ action created a high probability of death and other bodily/psychological injuries, Hinds added.
But according to Nikiti’s attorney, Assistant Public Defender Vina Seelam, the prosecution’s request falls outside of the 21-day deadline imposed in the case management order.
Seelam asked the court to deny the prosecution’s request and not to allow the additional charges.
She said the proposed amendment is in clear violation of Rule 7(e) and may not be permitted.
“This is not a situation where the government amended the information to correct clerical errors, or to charge a lesser included offense. The new charge alleged in the amended information would require proof regarding elements distinct from those alleged in the original information and that could not have been anticipated based on the charging language contained in the information,” she added.
Superior Court Associate Judge Kenneth L. Govendo ordered all parties to attend a hearing scheduled for June 9, 2022, at 1:30 p.m. in Courtroom 205A.
