Judge rejects plea agreement for rob suspect as too lenient

Superior Court Associate Judge Joseph N. Camacho rejected yesterday a proposed plea agreement that would have sent the Hollywood Video store robbery suspect to two years in prison without the possibility of parole.

Although the suspect, Benjamin Jones Castro Jr., has no prior criminal convictions, the severity of his action deserves greater punishment, Camacho said.

A female cashier was injured in the commission of the crime.

“Specifically, the court is concerned by the manner in which the defendant acted. With the victim’s back turned, the defendant placed the victim in a chokehold and allegedly struck the victim in the jaw when she attempted to separate herself from the defendant,” Camacho said.

A chokehold, he said, represents a lethal maneuver capable of suffocating and even breaking the victim’s neck.

“In the court’s view, such a maneuver is akin to using a weapon to perpetrate the crime,” he added.

Camacho said the victim risked grave injury if she failed to comply with Castro’s demands. “Such conduct amounts to a degree of violence that offends the court. The jail sentence under the proposed plea agreement would be two years, which fails to conform to the standards of this court and the CNMI community,” he added.

Camacho set the jury trial for Oct. 22, 2012.

The 23-year-old female victim sustained moderate injuries in her right jaw when the 24-year-old Castro allegedly robbed Hollywood Video in San Jose on Feb. 24. The suspect reportedly took $379 cash from the shop’s cash register.

The victim, however, managed to jot down the license plate of the suspect’s getaway vehicle, enabling the police to identify him.

A few days later, Castro surrendered to police.

The Office of the Attorney General charged Castro with assault and battery, robbery, and theft. The charges carry a maximum sentence of 16 years and a fine of $16,000.

Castro and his counsel, chief public defender Adam Hardwicke, signed a plea agreement with the government. Assistant attorney general Darren Robinson appeared for the government.

Under the proposed agreement, Castro will plead guilty to robbery and will be sentenced to four years in prison, all suspended except for two years, with credit for time served but without the possibility of parole. This means that Castro would likely serve less than two years.

The OAG asserted, among other things, that this is appropriate since Castro will be imprisoned for two years without being paroled.

The OAG believes that two more years of probation, coupled with community service, fines, and immediate restitution to the victim will serve as an effective deterrent.

Camacho, however, disagreed with the OAG, saying the proposed plea agreement is disproportionate to the crime committed.

“The court is not persuaded that defendant’s immediate acceptance of responsibility represents an act of contrition or remorse, although the court encourages defendants to do so. It could very well be motivated by a desire to cap the punishment,” Camacho said.

Camacho is known for rejecting lenient plea agreements.