Sergio Rangamar
SUPERIOR Court Associate Judge Teresa Kim-Tenorio has denied the request of Sergio M. Rangamar to disclose the drug court program records of the alleged female victim in his case.
Rangamar, 46, has been accused of shooting a couple with a pellet rifle and injuring a woman in the leg.
The defendant, through Assistant Public Defender Molly Dennert, asked the court to release information regarding the alleged victim’s substance use, instances of dishonesty, and other information that could be considered Brady material.
Brady material “is evidence known to the prosecution that is favorable to a defendant’s case and material to the issue of guilt or to punishment, and that the prosecution is obligated to disclose to the defense.”
But according to Judge Kim-Tenorio, “Confidentiality is fundamental to the success of the drug court participant and the [drug court program or] DCP as a whole. DCP treatment includes, but is not limited to, referral to medical/addiction services, drug testing, individual/group counseling, psychiatric care, participant supervision, education, training and case management. Every aspect of DCP treatment depends on openness and honesty. Participants must trust the DCP. They will not engage with the program openly and honestly if treatment records are subject to the ease of disclosure suggested by defendant.”
The judge said the defense can gain information about the victim’s substance use, substance of choice, drug tests, and drug test results by asking her about them on cross-examination.
“Unsealing…records would expose her challenging and extensively stigmatized personal struggle simply to prove information about which defendant can ask her under oath,” the judge said.
“The United States Supreme Court held in Brady v. Maryland that ‘suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.’ However, neither the Commonwealth nor the Court is suppressing evidence. Instead, the Court is compelled by federal and Commonwealth law to deny disclosure of victim’s confidential treatment records,” the judge added.
According to the complaint against Rangamar, a couple was walking home after buying groceries in Chalan Laulau when the defendant started yelling at them.
The woman identified the man as Rangamar, who, she said, is related to her children’s father.
She said Rangamar got down from a piece of heavy machine equipment and went to his tin house, which was nearby. When he exited the house, he ran toward them while holding a gun, she added.
The woman said the gun was long and black “like what green toy soldiers carry.”
She said two or three shots were fired at her, adding that her right ankle was hit.
Her companion told the police that Rangamar then fumbled with the ammunition magazine before again pointing the gun in their direction.
He said Rangamar told them, “You better start running.” But the man said they did not run as they were in shock. He said he did not know Rangamar.
He said he tried to shield his companion when Rangamar shot them five times. But the woman was shot, and he saw blood coming out of her right ankle. As they left the area, he said he saw Rangamar walking back to a yellow excavator.
Police later found an empty Crossman .22 caliber pellet container outside Rangamar’s residence.
Initially, Rangamar was charged with two counts of assault with a dangerous weapon, two counts of assault, and two counts of disturbing the peace.
Chief Prosecutor Chester Hinds later requested the court to amend the information against Rangamar.
He said after an evaluation of the case, it is in the best interest of the Commonwealth and prosecution to amend the charges against Rangamar to assault and battery, assault, and two counts of disturbing the peace.
Judge Kim-Tenorio granted the prosecution’s request.
