US govt says Mafnas was crime leader, seeks severe prison term

The U.S. government yesterday moved for the imposition of a severe jail sentence on Eric John Tudela Mafnas, asserting that the convicted former police officer was the leader of a criminal activity that involved more than five participants.

Assistant U.S. attorney Timothy E. Moran asked the U.S. District Court for the NMI to find that the applicable sentencing guidelines for Mafnas should be between 292 months (24 years and four months) to 365 months (30 years and five months).

Moran asked for an increase in the recommended prison term under the sentencing guidelines, citing Mafnas’ alleged leadership role in the crimes and for his possession of a firearm during the offenses.

The prosecutor stated in court papers that, although the defendant’s theft and distribution of the Chizuwa “ice” was his most prominent drug conduct, the evidence at trial also showed that he was involved in stealing and dealing drug evidence long before he stole the Chizuwa “ice.”

Mafnas continued his drug activity even after the Chizuwa “ice” ran out, giving another person fake “ice” or alum for him to sell on at least one occasion, Moran said.

Moran said the fact that Mafnas committed drug crimes while on duty and that he was required by Department of Public Safety policy to carry a firearm during that time are enough basis for a finding that the defendant possessed a firearm while committing a crime.

The sentencing for Mafnas was set for Monday, while for his co-defendant, former police officer Charley K. Patris, will be on Feb. 17.

Mafnas and Patris were charged for stealing cash and illegal drugs evidence from DPS.

In August 2005, a jury found Mafnas guilty on the charges of conspiracy to commit theft, false statements and perjury; conspiracy to distribute and possess with intent to distribute a controlled substance involving five grams or more of “ice”; possession with intent to distribute a controlled substance involving five grams or more of “ice”; making false statements, and perjury.

Patris was found guilty on the charges of making false statements, perjury, and accessory after the fact. He was acquitted on the charges of conspiracy to commit theft, false statements and perjury; and theft concerning programs receiving federal funds.

Mafnas and Patris recently complained of being subjected to inhumane treatment at the Guam Department of Corrections where they have been detained while awaiting their sentencing.

The two moved to dismiss the indictment, asserting that their detention while waiting for the sentencing was excessive and in violation of their constitutional rights.

The court denied the motion.