Judge: Proposed plea deal to convicted murderer too lenient

Superior Court Associate Judge Joseph N. Camacho yesterday found as too lenient the Office of the Attorney General’s plea deal that recommends a 19-day prison term against a habitual offender who has numerous prior convictions, including the murder of his mother, pertaining to a new case for allegedly damaging a woman’s car.

In rejecting the proposed plea agreement for defendant David Desebel Kapileo, Camacho said the jail sentence under the proposed plea deal fails to conform to the standards of this court and the CNMI community, and does not account for the defendant’s criminal history, allege facts and factors for a careful and individualize sentence.

In this 2016 case, OAG charged the 47-year-old Kapileo with criminal mischief, which is destruction of other people’s property.

OAG alleged that Kapileo intentionally kicked the fender of a woman’s rented 2009 Toyota Yaris in front of her.

Under the proposed plea deal, the government will recommend 19 days imprisonment with 19 days credit of time served. It means that if the court would accept the deal, Kapileo will not serve another day in prison.

Assistant public defender Cindy Nesbit is counsel for the defendant.

Camacho said assistant attorney general Jonathan Robert Glass Jr., counsel for the government, argues that the court should accept the plea agreement because after serving only 15 years for murder, Kapileo has been rehabilitated.

Camacho found the government’s unpersuasive.

Camacho noted that the government does not take into account that Kapileo has been arrested several times since being released on the murder conviction.

Kapileo fatally shot his mother with a gun at their residence in Garapan in December 1992, according to court records.

In addition to defendant’s current case, the judge said Kapileo has another active criminal case pending before Associate Judge Teresa Kim-Tenorio.

Camacho listed seven prior criminal cases, including the murder and one active case.

In addition, Camacho said, Kapileo also has numerous traffic cases and temporary restraining order cases in Family Court.

Camacho said he finds that only 19 days out of the total possible sentence of one year is barely 5 percent of the possible maximum sentence in this current case.

“The people of the CNMI deserve to have a safe community. There can be no justice without the appropriate punishment,” the judge said.