‘Detectives should investigate, not rehash other cops’ reports’

Department of Public Safety detectives are not mere chroniclers who simply rehash other people’s reports, said Superior Court Associate Judge Joseph N. Camacho in throwing out a domestic violence case.

At a preliminary hearing Tuesday afternoon in the case against Raiton Datius, Camacho found no probable cause to believe that that crime of assault and battery has been committed.

Camacho dismissed the case without prejudice against the 46-year-old Datius. That means the government can refile the case in the future.

Camacho ordered Datius’ immediate release.

Police alleged that after beating up his girlfriend and knocking her out, Datius poured water on her head to wake her up. The alleged victim, who had swollen eyes and scratches on her face, managed to run to the San Antonio Church, where she asked a priest for help.

In his written order, Camacho said that assistant public defender Matthew Meyer, counsel for Datius, is an experienced trial attorney and his skillful cross-examination dismantled the government’s case at the preliminary hearing.

Assistant attorney general Heather Barcinas appeared for the government.

Camacho said for the second time in a week, a defense counsel highlighted the fatal gaps in the government’s case, resulting in the dismissal of the sole charge of assault and battery.

Camacho said probable cause requires more than mere suspicion that a suspect committed a crime, but not as much information required at trial to prove a suspect to be guilty beyond reasonable doubt.

The judge pointed out that police detective Norman Skilling testified that he has not talked to the victim, the witness, the suspect, nor even visited the crime scene.

Camacho said the gist of Skilling’s investigation was to summarize the police officer’s report that responded to the 911 call.

“There is a reason that DPS detectives are called investigators because they must investigate, meaning they must gather evidence to prove (or disprove) a crime has been committed and who committed the crime,” he said.

Based on the declaration of probable cause and Skilling’s in-court testimony, Datius and the alleged victim appear to have been drinking, went to the store to get more beer, and a disagreement erupted about beer and money.

The girlfriend claimed that Datius slapped her face causing scratches and slight swelling. She also alleged that Datius grabbed her and threw her into the jungle. She claimed that she then lost consciousness.

Skilling testified that the girlfriend is bigger than Datius. He said Datius is a small, skinny man who lacks the physical strength to lift and throw a large, heavy woman.

Camacho said Skilling failed to testify what injury would have caused the girlfriend to lose consciousness—as the scratch and slight swelling on her cheek are not consistent with the kind of blunt force trauma necessary to inflict unconsciousness.

Camacho said it appears more likely that she was drunk, lost consciousness, and fell on her face, causing the scratches and slight swelling. He said more information is needed to determine if probable cause exist that a crime was committed.

Skilling stated in his report that a police officer responded to the San Antonio Church on Sept. 14 at 10:54pm to meet a priest for a disturbance complaint.

Skilling said the officer met with the priest and the victim, whose short pants was torn and had dirt and grass debris all over her.

Medics transported the victim to the hospital.