Domestic violence case vs gas station robber dismissed

“A marriage license is not a guarantee to a happy life.”

Thus stated Superior Court Associate Judge Joseph N. Camacho in his order that dismissed a domestic violence case filed against Joseph Celis San Nicolas.

In a written order yesterday, Camacho said that during Monday’s preliminary hearing, the court found no probable cause to believe that the crimes of assault and battery, disturbing the peace, and criminal contempt were committed and that San Nicolas may have committed the offenses.

Camacho dismissed the charges without prejudice, which means the government can refile the case in the future.

Camacho noted that court-appointed defense counsel Robert T. Torres’ “masterful cross-examination” of the government’s witness destroyed the government’s case in the preliminary hearing.

As to the charge of disturbing the peace, police detective Therese Kintoki testified that the alleged victim was upset with San Nicolas because he used $10 to play poker instead of buying milk for their baby.

Although a reflection of San Nicolas’ poor judgment as a husband and father, Camacho said this kind of disagreement is a social and marital issue and does not rise to the level of a criminal offense.

With respect to the charge of criminal contempt, Camacho said assistant attorney general Barbara Cepeda failed to identify exactly which condition of release San Nicolas violated.

The judge said the government confuses the conditions of curfew and house arrest.

As to the charge of assault and battery, Camacho said the government failed to establish how the alleged victim got scratches on her lower back, when she stated that San Nicolas grabbed her mouth and neck.

Camacho said that Kintoki testified that it was the alleged victim that initiated the confrontation with San Nicolas, making her the initial aggressor.

The judge said Kintoki admitted that the investigation is still ongoing.

Camacho ordered that San Nicolas be released.

San Nicolas has a sentencing hearing on Oct. 14, 2014, at 9am before Superior Court Associate Judge Teresa Kim-Tenorio over a robbery at Mobil gas station in Chalan Piao.

San Nicolas pleaded guilty in the robbery case that happened on Feb. 8, 2014. His co-defendant, Christopher M. Igisomar, also pleaded guilty and was slapped with an eight-year prison term.