DFW chief asks court to allow conservation officer facing criminal case to return to work

Alvin Kaipat Fitial, a Division of Fish and Wildlife conservation officer who was recently arrested along with three men for alleged possession of three endangered green sea turtles, has not been suspended from his employment.

DFW Director Manny Pangelinan disclosed that he had a meeting with Fitial last Friday, wherein he informed the defendant that he has not been suspended and that he has no intent to put him on a leave of absence.

In his declaration issued on Monday, Pangelinan said DFW conservation enforcement is short-staffed and that he needs Fitial to assist with enforcement activities.

The DFW director’s declaration was attached in Fitial’s request for the Superior Court to modify his bail conditions in order to allow Fitial to return to his employment at the Department of Lands and Natural Resources DFW.

Attorney Charity R. Hodson, counsel for Fitial, requested the court to modify the bail order to permit the defendant to return to work at DFW in the limited scope of a desk assignment.

Hodson said Fitial has not been suspended from employment and that Pangelinan, with the consent of DLNR Secretary Richard Seman, requested the defendant to return to work.

Hodson requested that all other bail conditions remain in place and that Fitial’s care, custody, and supervision be maintained by his third party custodian except during his work shifts, which will be daily from 7:30am to 4:30pm Monday through Friday.

Last April 21, the court allowed Fitial’s temporary release to a third party custodian upon posting a $10,000 property bond plus other conditions.

Pangelinan said Fitial is needed for their enforcement activities that include desk job, inspection of fish vendors, monitoring cultural fishing activities that are permitted by DFW such as gill net fishing for fiesta and cultural events, and conducting outreach to students and the public.

Last April 27, Superior Court Associate Judge Teresa Kim-Tenorio found probable cause to warrant the filing of charges against Fitial’s three co-defendants Vicente Aldan Sablan, Anthony Pangelinan, and Jeffrey Iguel Teigita, for possession of an endangered/threatened species.

The offense carries a maximum penalty of six months imprisonment and a $5,000 fine.

Fitial, 51, posted a $10,000 property bond and waived his right for preliminary hearing.

Fitial was arrested for allegedly taking one of three live endangered green sea turtles that were caught by four fishermen and allowed the group to get two turtles and leave. One man who was with the group was not charged.

DFW Conservation inspector Erwin T. Flores stated in his report that it was Commonwealth Ports Authority Police Sgt. Vincent Billy who discovered the group of fishermen in possession of three live endangered green sea turtles in a restricted area at the Saipan seaport between 8:30pm and 9pm last Feb. 2.

Billy notified police and DFW about his discovery and Fitial responded to the scene.