Assistant Public Defender Benjamin Petersburg asked the court to allow Espeleta to post $1,000, or 10 percent of his original $10,000 bail order, and the remainder to be issued in unsecured bond.
The defense also recommended the release of Espeleta to his mother as third party custodian.
Espeleta is being held on charges of assault and battery, and aggravated assault and battery.
In his opposition, Chief Prosecutor Michael Ernest told the court that “it is evident from the defendant’s brazen behavior that he is a danger to the CNMI community and no conditions of bail, short of an actual cash bail of substance, will ensure the defendant’s compliance with the terms and conditions of his release.”
Ernest said after defendant’s unannounced punch that broke the victim’s left jaw, Espeleta kicked the victim who was already helpless on the ground.
Ernest said the assault was “without prior apparent provocation and was a ‘sneak attack.’”
Ernest said the victim claimed on Sept. 22, 2011, or days before Espeleta’s arrest, “someone slashed the victim’s tire when his car was parked [at NMC]. The victim claims that the defendant lives near…the campus.”
Ernest also noted that the proposed third party custodian lives in Finasisu which would put Espeleta in close proximity to his victim when the latter is at NMC.
Espeleta’s victim underwent surgery on Guam to fix his broken left jaw as a result of the defendant’s punch.
