By Bryan Manabat
bryan@mvariety.com
Variety News Staff
SUPERIOR Court Judge Joseph N. Camacho has rejected a plea agreement proposed by the Office of the Attorney General and the Public Defender’s Office for 79-year-old Moses Cabrera, who is accused of killing his brother.
Both the prosecution and defense recommended a 10-year sentence, with six years to serve.
At a change-of-plea hearing Monday, Judge Camacho rejected the agreement with prejudice after reviewing arguments from both sides, submitted memorandums, and statements from family members in support of the defendant.
Cabrera’s confession, the judge said, was “self-serving.”
“Defendant claims that the victim carries a knife and has a criminal history. Yet, Department of Public Safety investigators found the victim’s knife in his room and not at the crime scene,” the judge said. “The defendant claims that he fought with the victim and that the victim hit him. Yet, the AG’s office was not able to show injuries on the defendant.”
The judge also questioned Cabrera’s actions after the incident.
“If the defendant was defending himself, why did he not call for help after the victim was unconscious?” the judge asked. “Instead, the defendant took the victim to a beach area to dump him. It is still not clear if the victim was dead at the scene or at the beach where his body was dumped. Would it have made a difference if medical personnel were called early? Once the defendant loaded the victim into the car, he could have driven to CHCC.”
Judge Camacho noted that the prosecution cited Cabrera’s cooperation as a mitigating factor.
“It was the DPS investigation that led to the evidence and arrest of the defendant,” he said. “The defendant did not walk into DPS and surrender himself. He only confessed after he was arrested and shown the evidence.”
Cabrera was initially charged with second-degree murder, assault with a dangerous weapon, and aggravated assault and battery.
He faced life imprisonment for the murder charge and up to 10 years each for the assault charges.
The prosecution later dropped the murder charge and filed a single count of voluntary manslaughter, which carries a maximum penalty of 10 years in prison.
Prosecutors and defense attorneys are asking the court to accept the plea deal, which recommends a 10-year sentence with six years to serve.
Cabrera is represented by Chief Public Defender Douglas Hartig while Chief Prosecutor Chester Hinds appeared for the government.
According to the amended information, “On or about Aug. 1, 2024, on Saipan … Moses P. Cabrera unlawfully killed Pedro Pangelinan Cabrera with malice aforethought, to wit: Defendant struck Pedro Pangelinan Cabrera several times with a hammer, causing death in violation of 6 CMC § 1101(a), and made punishable by 6 CMC § 1101(c)(2).”
Police said Moses Cabrera admitted to killing his brother, Pedro Cabrera, 71, by striking him in the head with a hammer and later dumping the body on the southern side of the fishing base in Garapan.
In a voluntary statement to Police Lt. Catherine Pangelinan, Moses Cabrera said he and his brother had a heated dispute over family land, which escalated into a physical altercation. Moses claimed Pedro threatened to stab him.
Judge Camacho scheduled a status conference for Nov. 19 at 9 a.m. and ordered both parties to appear.
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.
