Ex-guard gets 15 years in prison

U.S. District Court for the NMI Chief Judge Ramona V. Manglona yesterday slapped a 15-year prison term against Tyron Farley Reyes Fitial, the former detention guard at the Kagman Juvenile Detention Facility who has pleaded guilty to enticing a minor to have sex with him.

“No one is above the law, even to law enforcement,” said Manglona in sentencing the 27-year-old Fitial.

Fitial has been in custody since his arrest on June 11, 2010. He was given credit for time served. He was immediately remanded to the custody of the U.S. Marshal Service.

Although Fitial described his acts as stupid in a statement to the court, Manglona said she finds his word of apology “hollow and made without fear.”

Manglona said the 15-year prison sentence is appropriate considering the seriousness of Fitial’s crimes, and to promote respect of the law and afford deterrence.

Citing the victim’s written statement to the court, Manglona said that Fitial had sex with a minor and exploited two male wards at the Kagman Juvenile Detention Facility.

Manglona said that aggravating circumstances and the vulnerability of the victims allowed the court to adjust the sentencing guideline range upward.

The U.S. Probation had determined that the sentencing range is between 87 months and 108 months but Manglona recalculated this to between 108 months and 135 months.

Fitial was ordered to register as a sex offender and, upon completing his sentence, to perform 200 hours of community service. Upon release from prison, he will be placed on probation for five years. He was also ordered to pay restitution in an amount to be determined by the U.S. Probation Office.

Fitial pleaded guilty on April 19, 2011, to a count of enticement of a minor to engage in sex acts with him but not to actual sexual penetration.

At the time, the girl was only 13 years old. Fitial committed the criminal acts while he was a guard at the Kagman Juvenile Detention Facility.

U.S. Attorney Alicia A.G. Limtiaco stated yesterday that the U.S. Attorney’s Office, Department of Justice, is committed to protecting the civil rights of the most vulnerable—children.

“Those who abuse and exploit our children and violate the very trust placed in them will be held accountable and prosecuted,” Limtiaco said in a statement.

Assistant U.S. Attorney James J. Benedetto prosecuted the case and Assistant U.S. Attorney Clyde Lemons Jr. handled the sentencing.

The Federal Bureau of Investigation and detectives from the Department of Public Safety conducted the investigation.

Court-appointed counsel Michael Evangelista said he will be discussing with Fitial what other course of action they would take. Evangelista had recommended six years in prison and four years of home detention.

Lemons, who had recommended 10 years in prison as part of the plea agreement, said he has no comments on the sentencing.

Lemons said the important thing from their point is that the victims “won’t have to live this thing again and they can get on with their lives.”

“The family [of the victims] is okay with it [plea agreement] so we struck the deal,” Lemons said.

According to court records, between October 2009 and February 2010, Fitial, who was then a guard at the Juvenile Detention Unit, made telephone calls to a residence, during which one or more of these calls Fitial had a conversation of a sexual nature with a female 13 to 14 years old. It was allegedly Fitial’s intent to get the girl to meet with him.