DFW conservation officer is acquitted

Superior Court Associate Judge Joseph N. Camacho acquitted yesterday Division of Fish and Wildlife conservation officer Marvin Rodney Pangelinan, who was accused of poking a finger on the neck of a female cashier and then throwing six unopened beer cans at her for confronting him at Payless Supermarket in Chalan Kanoa last Feb. 22.

In a bench trial, Camacho found Pangelinan not guilty of two counts of assault and battery and a count of disturbing the peace.

Camacho found the alleged victim not credible based on her demeanor.

The judge said the most the prosecution could prove is that Pangelinan and the alleged victim had an argument about “customer service.”

Assistant attorney general Chester Hinds called to the stand three witnesses: the alleged victim, a co-worker, and responding police officer David Rabauliman.

After the government rested its case, assistant public defender Matthew Meyer, counsel for Pangelinan, moved for a judgment of acquittal. Camacho granted the motion.

Camacho said the alleged victim testified that Pangelinan poked or touched her on the side of her neck, that Pangelinan invaded her personal space like he was going to bite her, and that later at some point threw six packs of beer at her.

The alleged victim said she was hit in the stomach and the beer cans fell on her feet, then Pangelinan yelled at her.

Camacho said on Meyer’s cross-examination, the alleged victim described herself and admitted that sometimes she lies and sometimes she tells the truth, and that she cannot remember the details of her meeting with the defense lawyer last week, but she remembers the incident several months ago.

With respect to the co-worker’s testimony, Camacho said the witness testified that she was away from the store counter and that by the time she returned she saw Pangelinan and the alleged victim in some kind of argument.

The judge said the most the co-worker could testify to was that Pangelinan asked “why” and said some words and then she heard cans being thrown and falling down.

Pertaining to Rabauliman’s testimony, Camacho said other than follow-up investigations, the officer gave very little information on the case other than he pursued the license plate number and met with the defendant.

Camacho said the most statements that could be elicited through Rabauliman’s investigation was that Pangelinan stated he’s sorry, that according to the judge “as to what that’s exactly is not clear.”