By Bryan Manabat
[email protected]
Variety News Staff
FORMER Police Officer Earl Borja pleaded not guilty to charges of assault with a dangerous weapon, assault and battery, and misconduct in public office during a March 11 arraignment.
Through his court‑appointed attorney Janet King, Borja also asked the court to allow him to return to Tinian to live with his parents, noting that he is no longer employed as a Saipan Department of Public Safety officer. Superior Court Associate Judge Joseph N. Camacho granted the request.
On the same day, Judge Camacho found probable cause to charge Borja on all three counts following testimony from Attorney General Investigation Division investigator Ikluk Masayos. The judge also ordered the prosecution to amend sections of Counts II and III and to file an amended information.
A hearing before Associate Judge Lillian A. Tenorio is scheduled for April 23 at 10 a.m.
Background
The Department of Public Safety launched an investigation in January into two officers after an alleged assault of a 28‑year‑old man with a disability on Dec. 19 in Marpi. The investigation was assisted by Internal Affairs and the AGID. Borja submitted his resignation effective Jan. 20 and was later arrested and charged. The second officer, Elijah Villar, was placed on administrative duty after the incident and later resigned from DPS, effective May 5.
The alleged assault was reported on Dec. 22 by the victim’s father. The victim, who had visible injuries, was taken to the hospital by family members. According to the complaint, the father first went to the DPS central office on Dec. 19 to report that a police officer had assaulted his son. A DPS sergeant advised him not to file a direct complaint and referred him to Internal Affairs to avoid “internal awareness.”
Internal Affairs determined that Borja and Villar were the two officers who responded to a report from the LN Market owner alleging the victim was bothering customers and begging for money.
In an interview, the victim said he had been begging for money at LN Market when the operator called police on him twice. On the second call, he said Borja and Villar arrested him, handcuffed him, and placed him in the backseat of their police vehicle.
The victim told investigators the officers asked where he wanted to be dropped off. He requested Kagman, but the officers asked if they could take him home instead. They drove to Paupau Beach, circled the area, and went behind the former La Fiesta Mall.
There, the victim said Borja became angry when he tried to get out of the vehicle. Borja opened the back door and asked if he wanted to fight. The victim replied, “I don’t want to, sir.”
Still handcuffed, the victim said Borja struck him twice on the head with his baton, pressed it against the side of his head, and struck him again. He said he felt blood running down his face. The victim added that Borja used his shirt to wipe the blood before the officers removed his handcuffs and let him go, saying they would return to pick him up. The victim hid in the jungle before walking to his father’s house to report the incident.
Probable cause
In a separate interview, Villar said he initially determined he did not have probable cause to arrest the victim and decided to transport him away from the area. He said he informed supervisors he was transporting the victim north. At Paupau, Villar saw many people in the area and turned around. He said he needed to use a restroom and parked behind the former La Fiesta Mall. When he stepped out, he saw Borja take out his baton. After returning, Villar saw Borja and the victim outside the vehicle. Borja returned the baton and told him, “I accidentally made [the victim] bleed.”
Villar said he panicked because it was his first experience with such an incident. According to DPS radio logs, Borja called central dispatch claiming the victim was hitting his head on the door while en route to Paupau. GPS data showed the officers were already in Tanapag heading south toward DPS central — without the victim.
Villar said Borja instructed him to stick to a story that the victim had pushed him, cursed, and ran off after being dropped at the exit of Paupau Beach. Borja repeated this instruction throughout the following week.
Borja, in his interview, said he punched the victim once or twice with his knuckles after the victim bumped or shoulder‑shoved him while he was removing handcuffs. He said he pinned the victim against the car, but the victim was hitting his head on the door frame, so he made him sit on the ground by the tire while still handcuffed. Borja denied using a baton and said he did not recall handing it back to Villar or saying, “I accidentally made [him] bleed.”
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
