Last week, Judge Joseph N. Camacho granted the prosecution’s motion to dismiss without prejudice the case against inmate Kennedy Masubed who assaulted a barber who had cut his hair at the Department of Corrections on May 7.
Police stated in their report to the court that Masubed, 46, admitted to stabbing the barber because he, the victim, was gay.
Dismissal without prejudice means that the AG’s office can re-file the case in the future.
The government initially charged Masubed with assault with a dangerous weapon, assault and battery, and disturbing the peace.
Asked whether charges have been refiled against Masubed, Bradley said, “Not yet. As defendant is still serving another year in prison for his previous assault with a dangerous weapon, that gives [the Department of Public Safety] time to develop additional information and later refile a felony.”
He said this also means that the defendant will not collect time served against a future sentence, making any new sentence run consecutively.
Masubed in his previous case was convicted of assault with a dangerous weapon after pleading guilty to the charge. He was to serve 10 years’ imprisonment with eight years suspended. He will serve two years without possible early release, according to the judgement and commitment order signed by Judge Camacho on May 31, 2019.
In that case, Masubed was convicted under the name Ken Matzue, and will be released sometime early 2020, Variety learned.
Bradley noted that the different names caused confusion within the AG’s office at first.
Masubed or Matzue in October 2018 was arrested for stabbing a store employee in Chang Ming Market in Garapan. The store clerk accused Masubed/Matzue of not paying for the beer that he put inside his bag.
Police investigation showed that Masubed/Matzue went inside the store and put four cans of Busch Ice Beer in his bag and walked to the cashier with one can of beer in his hand. A store employee who saw him place the beer cans in his bag, followed Matsue to the cashier to make sure that he would pay for them.
The store employee told police that Matsue only paid for one can of beer. The store employee asked Matsue to take out the four cans of beer that he placed in his bag. Matsue then opened his bag and the employee took out the beers.
Matsue then reached into his right pocket and took out a knife and stabbed the victim in the chest area.
Judge Camacho found probable cause to charge the defendant, and later approved the plea agreement with Masubed/Matzue who was convicted of assault with a dangerous weapon.
According to Bradley, the AG’s office “remains concerned about the manner in which the court dismissed the case,” referring to the incident involving a barber who cuts the hair of inmates at the Department of Corrections.
“We believe that the definition of dangerous weapon was misapplied by the court,” Bradley said. “However, an appeal would delay the case too long and deprive the victim of speedy justice.”
Perhaps it is time for the statute to be clarified by the Legislature, Bradley said, adding that the AG’s office is drafting a bill to share with the governor and hopes to seek his support.
“At the same time, we are looking at submitting a proposal for improving the bail statutes, following up on the Gordon Castro hostage/shooting report recommendations,” he said.
“We see a growing number of cases involving violence with weapons, especially by persons with criminal histories or out on bail. Whether the weapon is a firearm, machete or any object chosen by an accused, victims should be protected by a strong, clear definition of a dangerous weapon and tougher bail laws,” Bradley added.
Asked for comment, Rep. Joel Camacho said he will look at the recommendation of the AG’s office once he receives a copy of the draft bill.
Camacho chairs the House Committee on Judiciary and Government Operations.
