‘Not known if broken toothbrush had been used vs barber’

A broken toothbrush, which was described by police as the hand-made knife that was allegedly used by an inmate to stab a barber, is not known at this time if it was used in the alleged assault.

This was among the findings that Superior Court Associate Judge Joseph N. Camacho discussed in his amended order yesterday that found no probable cause to charge Kennedy Masubed with assault with a dangerous weapon.

That charge was dismissed without prejudice; this means the Office of the Attorney General can re-file the charge if police or the OAG obtain more evidence to support the charge.

Camacho, however, found probable cause to charge the 46-year-old Masubed with assault and battery.

He directed Masubed to respond to the charge.

In his amended order, Camacho said there was no blood on the toothbrush handle and that there was a very small bruise on the barber’s head. “The bruise…does not appear to be a puncture wound,” the judge said.

Camacho pointed out that Department of Public Safety police officer Freddie Guerrero never interviewed the barber as the latter had already been taken to the Commonwealth Health Center, nor was the court given more information on the medical treatment the alleged victim received.

He said DPS police detective Kevin Maratita drafted his affidavit for an arrest warrant against Masubed and relied on Guerrero’s report and photos taken. The judge said Maratita did not interview the barber, did not read Masubed his constitutional rights, and did not interrogate the defendant.

Camacho said Maratita was informed by a DOC officer that internal DOC cameras do not cover the area when the alleged incident occurred.

At the preliminary hearing Wednesday, assistant attorney general Erin Toolan called both Guerrero and Maratita to the witness stand.

It was Guerrero who went to DOC in Susupe after receiving a call about a disturbance. Upon arriving at DOC, Guerrero interviewed two DOC officers.

Camacho said no one saw Masubed stab the barber.

He said the DOC officers only saw the defendant hitting the barber with his hand or fist. The judge said DOC officers only found the broken toothbrush handle after securing Masubed.

Assistant public defender Vina Seelan served as counsel for Masubed.

Police said Masubed beat up and stabbed the barber with the plastic shiv soon after the barber cut his hair inside DOC last May 7. Police said Masubed admitted assaulting the barber because he is gay.

Police said the barber had wounds on the top of his head and left temple and was brought to CHC for treatment.
Police procured from the DOC Internal Affairs the hand-made knife that was recovered as evidence against Masubed.