Case vs inmate in alleged stabbing of barber is dismissed

The Superior Court granted yesterday the Office of the Attorney General’s motion to dismiss the case against an inmate who allegedly assaulted and stabbed a barber at the Department of Corrections in Susupe.

Associate Judge Joseph N. Camacho dismissed the case against 46-year-old Kennedy Masubed without prejudice, saying the matter is still under investigation. This means the OAG can re-file the case in the future.

With the case’s dismissal, Camacho said the issue whether the OAG must provide a complaint with an affidavit for probable cause is now moot and the case’s July 8, 2020, motion hearing is also vacated.

In the government’s motion filed yesterday, assistant attorney general Erin Toolan said the Commonwealth moves to dismiss to allow additional investigation by the Department of Public Safety and Department of Corrections Internal Affairs.

Camacho earlier ruled that a broken toothbrush, which was described by police as the hand-made knife that was allegedly used by Masubed in stabbing the barber, is not known as this time if it was even used in the alleged assault. This were among the findings that Camacho discussed in his amended order that found no probable cause to charge Masubed with assault with a dangerous weapon. Camacho has already dismissed that charge without prejudice. That means the OAG can re-file the charge if the police or the OAG have more information or evidence to support the charge. Camacho pointed out that there was no blood on the toothbrush handle and that there was a very small bruise on the barber’s head. No further information was provided to the court about the medical treatment the alleged victim received, Camacho said.

Camacho, however, found probable cause to charge Masubed with assault and battery.

Police said Masubed beat up and stabbed with a hand-made knife the barber who had just cut his hair inside DOC last May 7. Masubed allegedly admitted to the assault because the barber was gay, police said.

Police said the barber had stab wounds on the top of his head and left temple and was brought to the Commonwealth Health Center for treatment.

The barber would regularly go to at DOC to give haircuts to inmates.

Police said a “shank” or a handmade knife was later seized from Masubed.