Donovan SN. Borja was given credit for five days he already served in jail. He will be on supervised probation for one year under the direction and supervision of the Office of Adult Probation.
He is ordered to pay restitution in the amount of $233.50 at a rate of $50 per month, and an assessment fee of $25.
He will render 100 hours of community service, write a letter of apology to the victim within 30 days from the date of this order, and must obey all CNMI and federal laws.
Failure to comply with the conditions will constitute a violation of the suspended sentence andl subject the defendant to revocation proceedings.
Wiseman set the review hearing for May 8, 2009 at the Tinian courthouse.
Borja appeared with his counsel, Assistant Public Defender Douglas Hartig. Chief Prosecutor Kevin A. Lynch appeared on behalf of the government.
After Borja agreed to plead guilty to theft, the court granted the government’s motion to dismiss all the other counts in the information.
Borja was charged with one count of forgery, one count of theft and one count of obstructing justice by the Attorney General’s Office.
Detective Anthony P. Borja, in his affidavit filed in court, stated that a caller from the Municipal Treasury Office asked for assistance from police at about 10:15 a.m. on July 25, 2008.
Investigation showed that on July 22, 2008, Marla Sablan of the Municipal Treasury Office found that one of the checks for the telephone bills was missing.
Sablan learned later that the missing check issued to PTI was in the defendant’s name. On July 23, the defendant called Sablan and told her he was sorry for taking the check.
Further investigation showed that the defendant gave a check worth $913.04 belonging to the Municipal Treasury Office to his common-law wife who is an employee of the Department of Commerce.
The defendant’s wife then cashed the check at Kim’s Market and bought $100 worth of food items.
The defendant’s wife said she doubted the validity of the check when Bank of Guam called her and told her they didn’t want to cash it
She said the defendant told her the check was from the mayor’s office and “it was okay.”
When she told the defendant that the bank would not cash the check, the defendant went to Kim’s Market and paid the store what she bought earlier.
When interviewed by police, the defendant admitted that he went to Sablan to “borrow money.”
When Sablan told him she didn’t have money, he went to Sablan’s car to chew betelnut.
He said he saw the check in Sablan’s car took it and changed the name on the check.
He then asked his wife to have the check cashed and claimed it was a reimbursement to him from the mayor’s office.
The defendant also admitted that he took another check from Tinian Delegation Office in the amount of $213 on Feb. 26, 2008.
He admitted that he changed the name on the check and had it cashed at Chacha Poker to buy gasoline and food.
He also admitted he knew cashing the check was illegal.
