2 days after acquittal on murder charges, man smokes marijuana

Franklin Cabrera Cepeda Jr. smoked marijuana two days after a Superior Court jury rendered a not guilty verdict on him for murder charges in connection with the 2000 killing of a businessman inside a karaoke bar in San Jose, according to the U.S. Probation Office.

U.S. Probation Officer Gregory F. Arriola, in a report filed last week in the U.S. District Court for the NMI, said Cepeda admitted in writing that he had used marijuana on Oct. 9, 2011 shortly after his release from the Department of Corrections.

Arriola said that, in January 2003, the district court sentenced Cepeda to 14 months in prison and placed him on probation for three years for his mail theft conviction.

In July 2003, the Office of the Attorney General charged Cepeda with murder, robbery, and other charges, over the killing of Rhon Zhou at a karaoke bar.

In March 2005, Cepeda was sentenced to 66 years in jail after he was found guilty for the murder of Zhou. In 2009, the CNMI Supreme Court vacated the conviction and remanded the case to the Superior Court for a new trial.

On Oct. 7, 2011, the jurors reached a unanimous verdict finding Cepeda not guilty of first-degree murder, second-degree murder, aggravated assault and battery, assault with a dangerous weapon, robbery, and conspiracy.

Associate judge Perry B. Inos, who presided over the retrial and decided the misdemeanor charges, found Cepeda guilty of assault and battery, and theft.

Inos sentenced the defendant to the maximum one year in prison and $1,000 fine each as to assault and battery, and theft.

Since Cepeda had been in detention for eight years at the time, he was released from DOC that same day, Oct. 7.

U.S. Probation Officer Arriola said in his report that a term of supervised release does not run during any period in which the person is imprisoned in connection with a conviction for a federal, state, or local crime unless the imprisonment is for a period of less than 30 consecutive days.

“As a result of this statute, Mr. Cepeda’s term of supervised release did not begin until his release from the Department of Corrections on Oct. 7, 2011,” Arriola said.

On Oct. 11, 2011, Arriola said, Cepeda reported to the U.S. Probation Office and submitted to a drug test.

Arriola said the specimen results were negative, however, it appeared to be diluted.

The probation officer said when asked if he had recently used an drugs, Cepeda denied using, but stated he was around with friends who were smoking marijuana.

Arriola said Cepeda was warned about associating with people involved in illegal activity and also warned not to drink large amounts of fluids prior to a drug test.

Arriola said Cepeda eventually admitted smoking marijuana on Oct. 9 and apologized for his actions.

The officer said since Oct. 11, Cepeda has consistently tested negative for the use of a controlled substance.

Arriola said Cepeda will be monitored closely and further incidents of noncompliance will be reported to court immediately.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted the Probation Office’s recommendation that no action should be taken against Cepeda.