By Bryan Manabat
bryan@mvariety.com
Variety News Staff
THE Superior Court on Dec. 19 dismissed a refiled felony assault charge against suspended Department of Public Safety Officer Troy Anthony Taman Manahane, ruling that prosecutors improperly revived a criminal offense that had already been dismissed after a preliminary hearing.
In a 27-page order, Judge Joseph N. Camacho found that the Commonwealth’s January 2025 decision to refile the charge of assault with a dangerous weapon—the same charge dismissed without prejudice in October 2024 — “ignored and circumvented” an existing court order and failed to follow the required legal mechanisms for refiling.
The original case, CR 24-0097, stemmed from a January 2024 domestic violence response in Susupe, where Manahane unholstered his firearm while a suspect sat handcuffed in a police vehicle. During the Oct. 30 preliminary hearing, the court found no probable cause for the assault charge, concluding that Manahane’s question to the suspect — “What would you do if my partner shot you?” — did not constitute a threat. The court allowed a misdemeanor disturbing the peace charge to proceed.
Despite that ruling, prosecutors filed a new case, CR 25-0011, in January 2025, charging Manahane with the exact same assault offense, word for word, without presenting new evidence, seeking reconsideration, or appealing the earlier dismissal.
Judge Camacho emphasized that while prosecutors generally may refile charges dismissed at a preliminary hearing, they must do so through proper channels, such as presenting new evidence, seeking reconsideration, or petitioning the Supreme Court. None of those steps occurred.
The court also noted that the refiling occurred while Manahane remained under curfew and other bail restrictions from the original case, even though the felony charge had been dismissed.
At a May 2 hearing, Chief Prosecutor Chester Hinds acknowledged there was no new evidence supporting the refiled charge.
Finding the refiling improper, the court dismissed the assault charge in CR 25-0011. The misdemeanor disturbing the peace case in CR 24-0097 remains active.
Manahane remains indefinitely suspended by DPS.
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.
