AGO seeks dismissal of 5 criminal cases

The Attorney General’s Office has moved to dismiss five old criminal cases after the Department of Public Safety failed to serve the bench warrants for the arrest of the defendants.

Chief Prosecutor Jeffery L. Warfield Sr. asked the Superior Court to quash separate bench warrants issued against Wayne E. Ada, Diolito Anonuevo Abelar, Dicktor Aiten, David Castro Aldan, and Thelma N. Aguon.

Warfield requested the court to dismiss with finality the cases against the five defendants.

The chief prosecutor stated in court papers that on Sept. 24, 1999, a penal summons and an information were filed in court charging Ada with contempt and directing him to appear in court on Oct. 18, 1999.

Ada pleaded not guilty during the Oct. 18, 1999 arraignment but he failed to appear at a status conference on Nov. 8, 1999.

The court issued a bench warrant for the arrest of Ada and set a $100 bail for his failure to appear.

Warfield said that on May 10, 1999, a penal summons and an information were filed in court charging Abelar with disturbing the peace and directing him to appear on June 7, 1999.

Abelar did not appear in court, prompting the court to issue a bench warrant for his arrest and set a $500 bail.

Warfield said that Aiten was arrested on Feb. 19, 2001 and a bail hearing was conducted on the following day, during which the defendant was released on a $1,500 unsecured bond.

On Feb.26, 2001, an information was filed charging Aiten with assault and battery, disturbing the peace, and assault. He failed to appear for the arraignment set that day.

The court issued a bench warrant and imposed a $1,000 cash bail.

Warfield said that on Oct. 4, 1996, a penal summons and an information were filed charging Aldan with burglary and theft. The arraignment was held on Oct. 21, 1996, but he failed to appear.

A bench warrant was issued and a $5,000 cash bail was imposed.

Warfield said that on Dec. 10, 1996 an information was filed against Aguon charging her with theft by failure to make required disposition of funds received and two counts of theft.

On Dec. 23, 1996, Aguon pleaded not guilty. She, however, failed to attend the Dec. 30, 1996 status conference.

A bench warrant was issued and a $5,000 cash bail was imposed.

Warfield said that to this day, the bench warrants issued for the arrest of the five defendants have not been served by the DPS.

Warfield said that “for good cause and in the interest of justice,” the government is requesting to quash the bench warrants issued against the defendants and dismiss with prejudice the cases for lack of service.

“The service has reached a point of not being done in a reasonable time,” he added.