Man resentenced to 10 years in prison for sex abuse

A 25-year-old man who sexually abused a girl on Tinian starting when she was just 6 years old was resentenced Friday to a maximum of 10 years in prison.

Anthony Herrera Borja was directed to serve the 10-year sentence day to day but he is still eligible for parole after serving six years of his sentence.

Superior Court Associate Judge Joseph N. Camacho required Borja to register as a sex offender.

Borja was given credit for time served. No fine were imposed.

The 10-year prison term is the same sentence that Camacho previously imposed on Borja. The difference is that the new sentence now allows the defendant to be eligible for parole after serving six years.

Camacho resentenced Borja after the CNMI Supreme Court in November 2015 vacated his 10-year sentence and remanded the matter for resentencing.

The high court noted that the sentence was not sufficiently individualized because information, particularly to Borja’s life, went unacknowledged.

The justices said Camacho failed to request a presentence investigation report, which compiles information relevant to the particular circumstances of a defendant and is helpful in imposing individualized sentences.

In 2012, the Office of the Attorney General charged Borja with sexual abuse of a minor in the first degree, indecent exposure in the first degree, and two counts of disturbing the peace. The charges carry a total maximum sentence of 36 years in prison.

In 2013, Borja pleaded guilty to sex abuse of a minor in the second degree as part of a plea deal. That carries a maximum sentence of 10 years imprisonment. Camacho sentenced him to 10 years in prison.

Borja appealed to the CNMI Supreme Court.

At the resentencing hearing at the Tinian courthouse on Friday, assistant attorney general Jonathan Glass Jr. recommended a seven-year prison term.

Assistant public defender Nancy Dominski, counsel for Borja, recommended a sentence of 10 years imprisonment with five years suspended.

Borja submitted his written statement and letter of apology to the victim.

In his order, Camacho said the 10-year sentence is appropriate as it will be a specific deterrence as Borja will learn from his crime and not commit other similar crimes.

The sentence, Camacho said, is appropriate as it touches upon some of the goals of sentencing: Retribution and incapacitation.

Camacho said it reaffirms to the community that child predators that sexually abuse very young children will be punished.

Camacho said that Borja’s actions require that he be removed to safeguard the community.

The judge noted that Borja has a criminal history (juvenile cases) as well as 32 documented disciplinary/adverse actions, which include physical/verbal assaults, stealing, repeated disruptive behavior, abusive lewd indecent obscene acts and others.

Camacho said Borja is not a candidate for rehabilitation.

During interview with police officers, the then 12-year-old girl confessed that Borja started touching her private parts when she was 6 years old.

The victim admitted that Borja had sex with her monthly since she was 10 years old. A staff at Tinian Health Center stated in her report that physical examination showed evidence of vaginal penetration.