Probable cause seen to file charges vs 3 teens in slaying of MHS guard

Superior Court Associate Judge Ramona V. Manglona directed yesterday the three teenaged suspects in the killing of a security guard at Marianas High School to respond to the charges.

In yesterday’s preliminary hearing, Manglona found probable cause to warrant the filing of murder charges against Edward Blas and Randy Igisomar, both 16 years old.

The preliminary proceeding was only for Blas and Igisomar as the third defendant, 18-year-old Eric Rabauliman, had already waived his right to a preliminary hearing.

Manglona said that, based on the testimony of Detective Simon Manacop, she finds enough evidence to press ahead with the filing of first-degree murder charges against the suspects.

The judge determined that there is probable cause that the defendants committed the crime during the perpetration of burglary and robbery.

Manglona ordered the defendants to answer the charges and set the arraignment for Dec. 9 at 9am.

The 18-year-old Rabauliman is also being charged with two counts of burglary, one count of conspiracy to commit assault with a dangerous weapon and burglary, two counts of theft, and one count of assault with a dangerous weapon.

Based on Manacop’s testimony, security guard Efren Ballesteros was killed at MHS on Nov. 17 or 18, 2008.

Manglona said there is sufficient evidence to charge the defendants, citing video and photos from a laundromat, circumstantial evidence, a PVC pipe, a wooden object, a re-bar, laptops and other items.

Detective Manacop narrated to the court how the investigation led to the arrest of Blas, Igisomar, and Rabauliman as well as the recovery of the weapons used and some of the stolen items from MHS.

Chief Prosecutor Kevin Lynch argued for the government. Court-appointed lawyers Bruce Berline and chief public defender Adam Hardwicke represented Igisomar and Blas respectively. Rabauliman was also present in court with court-appointed counsel Lillian A. Tenorio.

Lynch told the media after the hearing that during a preliminary hearing, the burden of proof is lower than during trial as the court will simply find probable cause.

“I think the facts are very clear. My argument was that the killing of Mr. Ballesteros occurred during the commission of a burglary or robbery,” Lynch said

The chief prosecutor said he believes that the rebar really tied the whole thing together.

“It was the fact that there’s a piece of rebar…used as the instrument to kill Mr. Ballesteros or was used resulting in his death. And the same rebar was used apparently to pry a piece of plywood out of a window to gain entry. You tie the burglary and the killing together with that piece of evidence very significantly,” Lynch said.

Tenorio, the court-appointed lawyer for Rabauliman, said a preliminary hearing was not necessary for his client. She said waiver of a preliminary hearing is not unusual.

“Waiver, however, does not mean that the accused admits any guilt. The next hearing scheduled in this case is arraignment. At arraignment, Eric will enter his plea to the information and we look forward to that proceeding,” Tenorio said.

Lynch earlier said that Blas and Igisomar will be charged with burglary, theft, and assault with a dangerous weapon in juvenile court because both are only 16 years old.

He said Blas and Igisomar are being charged with murder in the adult court because the statute allows such filing of charges against a 16-year-old in a murder case.

Lynch stated in the charging information that that on or about Nov. 17 or 18, 2008 Rabauliman, Blas, and Igisomar killed Efren Lagua Ballesteros “during the perpetration or attempted perpetration of burglary and or robbery.”

The chief prosecutor said Rabauliman agreed with one or more individuals “to engage in conduct resulting to bodily injury to Ballesteros.”

He alleged that Rabauliman injured Ballesteros by means of a PVC pipe.

Lynch also said that Rabauliman burglarized a classroom and the JROTC room at MHS where he stole laptop computers, cash, and a JVC camcorder.

The Superior Court has imposed no bail for the three defendants.

Rabauliman, Igisomar, and Blas are all students at MHS.

Police say Igisomar and Rabauliman have confessed to the crime, saying that they attacked the security guard with a piece of wood, a PVC pipe, and a rebar before breaking into several classrooms at MHS where they stole laptops and money.

Ballesteros, 45, was found dead at MHS campus in Susupe where he was assigned last Tuesday morning. He received massive injuries to the face and head caused by blunt objects. He also suffered a possible fractured skull, police said.

Ballesteros’ wallet containing $300 cash and a wristwatch were reportedly stolen.