THE jury yesterday acquitted Alex A. Camacho and Sidney T. Camacho of second degree murder, but convicted them of involuntary manslaughter and aggravated assault and battery charges over the killing of a Nikko Hotel security guard.
The six jurors reached the verdict after deliberating for one day.
Alex Camacho wiped his tears while his cousin, Sidney Camacho, bowed when the clerk of court read the verdict.
In the courtroom, the victim’s wife, Flordeliza Tique, shed tears while the youngest of their three children—10-year-old Noel—looked at his mother.
Superior Court Associate Judge David Wiseman ordered the Probation Office to prepare a pre-sentence report and set the sentencing for Aug. 29.
Wiseman denied the prosecution’s motion to remand the defendants to jail.
According to Chief Prosecutor Clyde Lemons Jr., involuntary manslaughter carries a maximum penalty of five years imprisonment while aggravated assault and battery carries 10 years.
“It’s a five-year-old case. It’s a tough case to prove. I never second-guessed the jury’s verdict. They sat in the courtroom, heard all the evidence and came up with their verdict,” Lemons told Variety.
G. Anthony Long, counsel for Alex Camacho, said the jury agreed with their argument that it was not a murder case.
Long, however, said they disagree with the jury’s findings with respect to involuntary manslaughter and aggravated assault and battery.
“Those matter will be addressed on post-trial motion and if necessary an appeal,” Long said.
Joey Arriola, counsel for Sidney Camacho, said the verdict was “bitter sweet.”
“We are happy that we won the second degree murder case— (Sidney’s) not guilty. But we’re disappointed with the verdict on aggravated assault and battery and involuntary manslaughter. But that’s how our justice system and we have to respect the jury’s decision,” Arriola said.
During Friday’s closing arguments, Assistant Attorney General Barry Hirshbein said the prosecution had met its burden in proving beyond reasonable doubt that the defendants committed second degree murder and aggravated assault and battery against the victim, Bernardo M. Tique.
Assistant Attorney General Aaron Romano assisted Hirshbein in the trial.
The defense had claimed that their clients were innocent of the charges and that it was a “mistaken identity case.”
According to witnesses, the defendants beat up Tique in the hotel’s swimming pool area on Dec. 1, 1996. The victim died a few days later at a Philippine hospital. Apparently, the defendants got upset when the security guard asked them to leave the pool because swimming was not allowed at the time.
