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OB son’s attacker sent to jail
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Posted on Sep 28 2004
The Superior Court has revoked the probation of the man who attacked and seriously wounded the son of House Floor Leader Oscar Babauta last Christmas, ordering him to serve two years in prison.
Associate Judge David Wiseman granted the request of CNMI chief prosecutor David Hutton to revoke the probation of Tessfour Michael, after the Christmas Day assault led to the filing of new criminal charges against the defendant: assault with a dangerous weapon, aggravated assault and battery, assault and battery and disturbing the peace.
Although Michael earlier denied these charges, the court noted that the defendant had a prior conviction that placed him under probation.
The court noted that a criminal mischief case was lodged against the defendant in June 2002, while charges of burglary, theft and receiving stolen property were filed against him in July that year.
Based on a plea agreement, the court sentenced Michael in June 2003 to three years imprisonment and five years probation. The court suspended the entire prison term, except for four months.
“Probation has failed as feasible a rehabilitative device for this defendant,” Wiseman said. “Where probation fails as a rehabilitative device…the state has a great interest in being able to imprison the probationer. We cannot afford to have poor-risk convicted criminals being free in society and a potential danger to the community.”
Wiseman ordered Michael to serve two years of the previously suspended prison term. “The five-year probation period will remain unchanged.”
Earlier reports said that Michael attacked Oscar Babauta Jr. last Christmas by hitting the victim’s face with a bottle.
The lawmaker’s son had to be transferred from the Commonwealth Health Center to a Guam facility due to the seriousness of his injury. Initial reports said Babauta Jr. sustained a jagged laceration above his left eye, while his left eye lobe possibly leaked fluid.
