OAG files charges vs driver of truck where boy fell and died

The Office of the Attorney General has filed nine charges, including homicide by vehicle, against the driver of a pickup truck where a 15-year-old boy fell and later died after attending a family member’s funeral at Tanapag Cemetery.

Vincent Lieto Fitial, 21, appeared with his lawyer, Michael Norita Evangelista, during yesterday’s arraignment. Fitial pleaded not guilty to all charges.

Some of Fitial’s family members attended the hearing. He is the uncle of the deceased boy.

Assistant attorney general Nicole Driscoll appeared for the government.

Evangelista told Saipan Tribune that this Carolinian family is being made to re-live a family nightmare by the OAG.

“This is a plain and simple unfortunate accident that occurred mere moments after the family buried one of their own. In fact, this accident occurred while the family was in the process of leaving the cemetery,” Evangelista said.

There was neither speed nor alcohol involved in the case, he said. “Mind you, this accident happened right after a burial and the mood throughout was very somber and solemn.”

Evangelista asked the OAG to re-examine their basis for charging this case.

“The family exercised their cultural and religious belief in protecting the integrity of their deceased family member, the second one in a week’s time,” he said.

Evangelista said the family did not want their loved one to be desecrated by an unnecessary autopsy and judge.

Associate Judge David Wiseman had agreed with the family that an autopsy was not needed as there was no legal basis to conduct an autopsy.

Evangelista said it is “very interesting” that after Wiseman prevented the OAG from performing the autopsy, the OAG came back with a vengeance and over-charged the young driver with nine charges.

“This is not a first degree murder case. There was never an evil intent nor a total disregard for the life and safety of another. It was purely an accident. The intensity of the OAG’s response to this case leaves no other choice but to question their real motive,” the lawyer added.

The boy, Wilben Herman Lieto, fell from the back of a pickup truck on Aug. 31 and died the following day. At that time, the OAG would not release the body to the family from the Commonwealth Health Center’s morgue until an autopsy is conducted.

This prompted the boy’s parents, Annjuliet Marie Lieto Lifoifoi and Joseph Lifoifoi, to file last month motions to prohibit the government from performing an autopsy and order the release of the body to them so they may lay him to rest. The parents asserted that that an autopsy on the body of their child would violate their Refaluwash cultural beliefs.

Wiseman granted the parents’ TRO and ordered the release of the body to the parents.

In her declaration, Annjuliet Marie Lieto Lifoifoi had said that on Aug. 31, Wilben, her eldest son, was with family members at the Tanapag Cemetery where they were attending her brother-in-law’s funeral.

Mrs. Lifoifoi said that Wilben, along with two of her family members, rode in the back of a pickup truck with plans to proceed to her parents’ home in Tanapag.

As the truck moved along a pothole-filled dirt road at the cemetery, Wilben, who was sitting on the railing, leaned over the side to spit.

The truck hit a hole in the ground, causing Wilben to fall off the truck and hit the road head first. He was rushed to the hospital where he was admitted into the Intensive Care Unit.

Early morning the next day, Wilben died from internal injuries.