A 17-year-old minor and Antwon David S. Indalecio, 18, have been charged for their involvement in the assault of a Corrections officer at a bar in Garapan on March 23, 2024.
Indalecio is charged with assault and battery and disturbing the peace. As for the minor, court information about him is not available to the public.
Initially, Leroy Villagomez Jr., 19, and Hitler Weilbacher, 27, were each charged with assault and battery, and disturbing the peace for the same incident.
But after a follow-up investigation and interviews with witnesses, Assistant Attorney General Heather P. Barcinas asked the court to dismiss without prejudice the charges against Weilbacher. Without prejudice means they can be refiled.
“Upon further review of the evidence, the Commonwealth requires further investigation as to Weilbacher’s involvement,” she said. “For good cause, the Commonwealth believes it is in the interest of justice to dismiss the case without prejudice as to Hitler Weilbacher, and order him released from custody,” she added.
Probable cause
On April 10, Superior Court Associate Judge Joseph N. Camacho found probable cause to charge Indalecio and Villagomez for the assault of the Corrections officer.
According to the complaint against the defendants, the Department of Public Safety central office received a call regarding a disturbance in progress on March 23, 2024, at about 3:14 a.m. at Relox Bar in Garapan.
A responding police officer saw a group of individuals crowding around Pius Yaroitemal Jr. and assisting in wiping blood off his face.
The officer saw that Yaroitemal’s right eye was bruised, swollen and closed, with about an inch laceration above the right eyebrow and blood stains on his pants. The police officer immediately called for medics, who transported Yaroitemal to the Commonwealth Health Center’s Emergency Room.
After reviewing CCTV footage of the incident, investigators identified Villagomez, Indalecio and the minor as the victim’s assailants.
They were also identified by witnesses in a photo lineup.
CCTV footage showed Villagomez and the minor approaching Yaroitemal and then rushing him before pushing and punching him. The footage also showed Indalecio punching Yaroitemal, who fell face down onto the pavement. Likewise, the footage showed the minor stomping on Yaroitemal while he was on the ground. Villagomez, Indalecio and the minor then ran away from the scene.
“At no time in the footage did Yaroitemal place anyone in a headlock,” a police investigator stated.
In a statement to the investigators, Villagomez said he, Indalecio and the minor were outside Relox Bar that night.
Later, he and Indalecio went inside while the minor stayed outside. While inside, Villagomez approached Yaroitemal and said, “Hi, officer!” Yaroitemal got upset and told Villagomez not to call him that. Someone told Villagomez to leave and he was escorted out of the bar.
While outside, Villagomez said he saw Yaroitemal and approached him with his arms extended to apologize. But Villagomez said Yaroitemal “head-locked him with his left hand and tried to punch with his right hand.”
Villagomez said the minor then rushed Yaroitemal. Villagomez said Yaroitemal released him from the headlock and he, Villagomez, was able to evade Yaroitemal’s punches by stepping back. Villagomez said he tried to get away, but he felt a knee to his face. Villagomez said when he looked up, he saw Indalecio punch Yaroitemal who fell face forward onto the pavement.
Villagomez said he ran away and when he looked back, he saw the minor stomping on the Corrections officer.
As for Weilbacher, witnesses, including the defendants, could not identify him.
