Presiding Judge Robert C. Naraja granted the motion to dismiss by Chief Prosecutor Michael Ernest.
George Chomoki, 43, was supposed to be arraigned last week on charges of two counts of criminal mischief.
On or about Feb. 17, 2011, Ernest told the court that he had corresponded with the Enforcement and Removals Office of the U.S. Department of Homeland Security-Immigration and Customs Enforcement which told him that Chomoki was “formally removed to the FSM on Feb. 16, 2011.”
As a result of his removal, Chomoki “is statutorily barred from returning to the United States without the expressed permission from the United States attorney general.”
“As chief prosecutor, I believe it is in the interest of justice to dismiss this case without prejudice,” Ernest stated in his written declaration submitted to the court.
The prosecution said Chomoki used a slingshot and a spark plug to scratch and crack the front windshield of a silver 2003 Montero on Sept. 18, 2010. On Sept. 20, 2010, Chomoki used the tip of a slingshot to damage the right front passenger of the same vehicle, the prosecution added.
Details on how the victim could be compensated for the damaged vehicle were not available.
