Manglona said the jury trial of the defendant, Jeffrey Cabrera Magofna, 29, will start on March 7, 2011.
Magofna was charged with burglary, criminal mischief, and disturbing the peace after breaking into Star Water Company in Garapan on June 18, 2010.
An employee, Promencio Nabong, chased Magofna after being alerted by the sound of a breaking glass wall at the cashier’s booth.
A get-away vehicle left Magofna after the defendant’s two female accomplices saw him being chased by Nabong, who was armed with a machete.
Assistant Attorney General Benjamin Petersburg is prosecuting the case while Magofna is being represented by court-appointed defense attorney Douglas Cushnie.
In the proposed plea agreement, Magofna will admit burglary while the rest of the charges will be dismissed with prejudice.
Magofna agreed to be sentenced to five-year imprisonment, all suspended, except for 30 days with credit for time served at the Department of Corrections facility.
In the first amended plea agreement, which the court also rejected, Magofna would be imprisoned for the first two years without the possibility of parole and would receive credit for time served.
In addition, the prosecution agreed that any conviction of Magofna would not be used as ground to revoke his probation for his burglary and theft conviction in 2008.
The prosecution also agreed to withdraw its motion to revoke Magofna’s probation.
In his 2008 conviction for burglary and theft, Magofna was sentenced to five-year imprisonment, all suspended except for two years.
Together with three other men, Magofna took an estimated $2,000 worth of copper wire from the former La Fiesta Mall.
The court also sentenced Magofna in another case to two years’ imprisonment for illegal possession of controlled substance.
Magofna was on five years’ probation when he was arrested for burglary last June.
