Diving instructor to plead guilty to child pornography charge

By Bryan Manabat
bryan@mvariety.com
Variety News Staff

  

DIVING instructor William Saron Capayas is expected to plead guilty to possessing child pornography, according to a court filing.

Assistant U.S. Attorney Garth Backe on Monday asked the U.S. District Court for the Northern Mariana Islands to schedule a change-of-plea hearing, stating that the parties have signed a plea agreement. Chief Judge Ramona V. Manglona granted the request and set the hearing for Jan. 15 at 2 p.m. The plea agreement has not yet been unsealed.

Capayas was arrested on Nov. 18 after federal prosecutors filed a criminal complaint accusing him of possessing child sexual abuse material on his Apple iPad. He is represented by attorney Richard Miller and remains released on an unsecured bond.

On Dec. 4, a federal grand jury returned an indictment charging Capayas with one count of possession of child pornography and seeking forfeiture of property used to commit the offense.

According to the indictment, Capayas knowingly possessed material containing images of child pornography that had been mailed, shipped, or transported through interstate or foreign commerce, including by computer.

FBI Special Agent Richard Bauer stated that the investigation began on Oct. 6, when a witness identified as C1 reported meeting Capayas during a scuba diving trip in Saipan. Capayas asked the witness to repair a malfunctioning device. While attempting to back up photo files from the iPad, the witness reported seeing two images he recognized as child sexual abuse material. The witness stopped the download and contacted the FBI.

Bauer obtained a search warrant and confirmed that the device belonged to Capayas. A forensic examination uncovered 149 images of child sexual abuse material and 14 images depicting bestiality.

Bauer stated there was probable cause to believe Capayas violated Title 18, U.S. Code, Section 2252(a)(4)(B).

During an interview on Oct. 31, Capayas admitted owning the iPad and told investigators he primarily used the device to access the internet and view pornography. He said he was the only person with access to the iPad.

“Capayas admitted that, aside from viewing adult pornography, he also viewed and saved videos of children as young as 3 or 4 years old,” Bauer wrote. “He kept the material because he found it to be ‘different.’ ”

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.

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