Drug addict burglar gets 78-month prison term

Superior Court Associate Judge David A. Wiseman has slapped a prison term of six years and six month against John Chandler Hamilton, a confessed drug addict accused of attacking a doctor and a lawyer with a screwdriver when they tried to stop him from escaping after he burglarized the lawyer’s apartment in Garapan.

Wiseman said no parole shall be allowed until the 28-year-old Hamilton has served five years in prison.

Hamilton was given credit of 10 months and 26 days for time served. It means that he will be released from the Department of Corrections on Oct. 21, 2021.

Wiseman said he finds the crime committed here egregious and that the court must promote respect for the law.

“The crime of burglary continues to have a negative and chilling effect for people of the CNMI,” the judge pointed out.

Wiseman said Melody, the wife of attorney Matthew Holley, continues to be afraid in her own home and she refuses to go home alone and would have her husband inspect the premises before they enter their home.

Wiseman said the couple’s 4-year-old son continues to talk about “the bad man” that was in their home.

The judge said the Holleys had to move to a new place so that Melody will feel more comfortable and safe.

Wiseman noted as mitigating factors that Hamilton is a family man in his mid-20s and has no significant criminal history other than an incomplete juvenile delinquency record.

Wiseman said family members are supportive of Hamilton and willing to assist in his rehabilitation.

The judge also noted Hamilton’s sincere remorse and regrets for his action.

After completing the prison term, Hamilton will be placed on probation. He was required to write apology letters to the victims.

During the duration of probation, the defendant is prohibited from having direct or indirect contact with the victims.

Hamilton shall submit to an evaluation by the Community Guidance Center or an alternate program recommended by the Office of Adult Probation, focusing on drug addiction. He was required to complete whatever recommended treatment.

Hamilton was ordered to pay a $500 fine, $100 court assessment fee, plus probation fee.

Assistant attorney general Heather Barcinas, counsel for the government, recommended a sentence of eight years in prison to prevent Hamilton from committing future crimes and prevent others from committing similar crimes, “which will improve public safety by incapacitating violent offenders.”

“The community must be protected from criminals like defendant who have complete disregard for the safety of others and poses a serious threat to the community,” Barcinas said.

The prosecutor said while the government sympathizes that Hamilton has two children and wants to be involved in their lives, the mother of his children says otherwise and claims that the defendant was physically abusive toward her and provided little help with caring for their children.

Barcinas asked the court to consider that there was a 3-year-old in the house Hamilton burglarized who could have been harmed.

Barcinas said Hamilton could have caused serious harm to the boy’s father, attorney Holley, who went tumbling down a flight of concrete stairs and was assaulted by the defendant with a screwdriver.

Holley sustained scrapes and bruises on his stomach, right shoulder, both knees, and hands, and pain on the left rib area.

Barcinas said Hamilton admitted to smoking methamphetamine or “ice” every day before the incident.

“Defendant made his choice in life and chose drugs and violence, and therefore, must be punished and face the consequences.

Attorney Daniel T. Guidotti, counsel for Hamilton, recommended a sentence of five years imprisonment.

Guidotti said Hamilton does not have a significant criminal history and acknowledged the severity of the offense by entering into a plea agreement with a minimum sentence of five years imprisonment and a maximum sentence of 10 years.

Guidotti said Hamilton’s struggles with attorney Holley and Dr. Marty Rohringer were motivated by defendant’s desire to escape, and not by any desire to injure Holley and Rohringer.

The defense counsel said Hamilton is a good candidate for rehabilitation because he is not a career offender and because his actions were motivated by drug use.

The Office of Adult Probation recommended a seven-year prison sentence, while the victims in their impact statement recommended eight years to serve in prison.

Hamilton signed a plea deal with the government and pleaded guilty to one count of burglary.

The Office of the Attorney General charged Hamilton with burglary, theft, assault, assault and battery, and two counts of assault with a dangerous weapon.

For pleading guilty to burglary, the government agreed to move to dismiss the remaining charges. The court granted the motion.

According to the factual basis of the plea agreement, on April 9, 2015 on Saipan, Hamilton, who was armed with a screwdriver, unlawfully entered the apartment unit of the Holley couple in Garapan at 9:47pm, with the purpose of committing theft.

Rohringer suffered a cut on the left middle knuckle when he, attorney Holley, and a friend were attacked by Hamilton with a screwdriver when they tried to stop him from escaping after burglarizing the lawyer’s apartment.