Judge: Plea bargain for 2 rob suspects extremely lenient

Superior Court Associate Judge Joseph N. Camacho rejected yesterday a plea agreement entered by two cousins who are charged with robbing a female Japanese tourist and dragging her several meters in their getaway vehicle.

Camacho found the plea agreement “extremely lenient.”

“The proposed sentence is not in line with the standards of this court and the CNMI community,” said Camacho in rejecting the plea agreement for suspects Gustavo Meme Ybanez and Oscar Porras Jr.

In the case against Ybanez, the plea agreement proposed a five-year prison term for Ybanez, all suspended except for two years, with credit for time served.

Based on the plea bargain, Camacho said that Ybanez would be facing just two years in prison, with no restrictions on parole. As a result, Ybanez may be eligible for early release in just a third of the two years, or within eight months.

“In other words, because he has already served six months, he may be eligible for early release in as little time as two months,” the judge said.

Although the plea agreement proposes some restitution and community service, Camacho said he is not convinced that these sanctions render the proposed disposition fair.

“Robbery is a serious offense. [Ybanez] here forcibly snatched a woman’s purse off her person,” Camacho said.

In the case against Porras, the plea agreement proposed to dispose of two cases-robbery and theft. The most serious charge-accessory after the fact to robbery-carries a maximum sentence of five years.

The plea deal proposed an eight-year combined prison sentence, on four guilty counts to run concurrently. The total jail sentence is five years but three years are suspended.

Although there is an appearance of serious jail time, Camacho said that Porras would actually be facing just two years in prison, with credit for time served and no restriction on parole.

“As a result, [Porras] may be eligible for early release in one third of the two years, or eight months. In other words, because he has already served six months, he may be eligible for early release in as little time as two months,” Camacho said.

Assistant attorney general Darren Robinson appeared for the government. Assistant public defender Douglas Hartig served as counsel for Porras, while attorney Joaquin Torres is counsel for Ybanez.

According to court papers, Ybanez snatched Miki Takamatsu’s purse on Nov. 16, 2011, and ran to a Nissan Pathfinder that Porras was driving along Beach Road in western Garapan. Takamatsu chased the car and grabbed its door. As a result, she was dragged several meters before falling to the ground.