Visiting Judge David O. Carter of the Central District of California remanded San Nicolas to the custody of the U.S. Marshals after hearing oral arguments of both parties.
San Nicolas’ court-appointed attorney Joseph James Norita Camacho advised the court that a plea agreement had been signed and his client was ready to change his not-guilty plea.
Assistant U.S. Attorney James J. Benedetto is prosecuting the case.
According to a special report submitted by Federal Probation Officer Melinda N. Brunson, San Nicolas “forgot” to reveal his two prior arrests.
On Sept. 19, 1999, San Nicolas was arrested for assault and battery. The case was not forwarded to the Attorney General’s Office for prosecution, the report stated.
On Feb. 2, 2001, San Nicolas was arrested for sexual abuse of a child.
He was charged with three counts of sexual abuse of a child, and two counts of oral copulation with a minor.
San Nicolas pleaded guilty to one count of oral copulation. He was sentenced on March 13, 2002 to two years imprisonment, all suspended, and two years of probation.
Brunson further discovered that San Nicolas was not registered with the CNMI Sex Offender Registry that requires those convicted of sexual offenses against minor victims to remain registered for a period of 10 years from the date the person is placed on probation.
“The probation officer notes, however, that [San Nicolas’] criminal judgment does not order him to comply with Sex Offender Registry requirements,” Brunson said.
San Nicolas has been indicted on the charge of distributing .12 gram of “ice.”
He was arrested by the U.S. Drug Enforcement Administration and the Tinian police on May 19, 2010.
San Nicolas was arrested with PO1 Gilbert Macaranas and Carlos Aldan in separate “ice” charges.
Macaranas and Aldan had separately signed a plea agreement.
San Nicolas was released to his common-law partner and mother as his third party custodians, after posting $25,000 in unsecured bond.
A former municipal dog control officer, San Nicolas was transferred to an administrative position at the Tinian Public Library.
