Ex-BECQ staff gets 4 yrs. in prison for burglary, theft

Superior Court Associate Judge David A. Wiseman has slapped a former staff of the Bureau of Environmental and Coastal Quality with a four-year prison term for burglarizing the house of his co-worker and, while on pre-trial release, stealing 72 feet of copper wire at Hopwood Junior High School.

At a sentencing hearing Wednesday afternoon, Wiseman ordered Elmer Duenas Sablan to serve a sentence of four years, two years of which shall be served without parole, for burglary and theft.

After completing his sentence, Sablan, 43, will be placed on probation for five years.

Sablan was required to pay $1,318 in restitution to three victims for their uncovered items, including an iPhone, an iPad, a watch, and a diamond necklace, and $1,207.25 in restitution to the Commonwealth Utilities Corp. for the stolen copper wire.

Sablan was also ordered to pay a $500 fine, $100 court assessment fee, plus probation fee. He was required to write letters of apology to the victims and will be prohibited from entering any poker parlor or other establishment that has gambling during his probation.

Sablan and his court-appointed counsel, Janet H. King, signed a plea agreement with the government, represented by assistant attorney general Heather B. Barcinas.

Last July 16, the defendant pleaded guilty to burglary and theft in the first and second case respectively.

In considering aggravating factors, Wiseman said Sablan planned the burglary of a co-worker’s residence who was hosting a visiting athlete, here to compete in Saipan’s annual athletic competitions.

Wiseman said the visiting athlete returned from her practice to find her personal items stolen, some of which were precious and irreplaceable jewelry.

Sablan also stole a laptop, tablet, guitar, iPhone, and iPad.

Wiseman said the victims’ statement expresses the changes they had to make to their lifestyle and are apprehensive for their safety in their home and neighborhood.

Wiseman said the victims’ reputation of hosting visiting athletes has been placed in jeopardy as a result of the burglary.

According to a police detective, Sablan and Larry M. Sugiyama burglarized a house being rented by Saipan runner Steven Johnson and his girlfriend, Kaitlin Mattos, on April 17, 2014. At that time, the couple had a guest triathlete from the Philippines.

Sugiyama told police that it was Sablan’s idea to burglarize the house in Chalan Kiya because he lost his paycheck after playing poker at Lucky 7 Poker in Susupe.

While waiting to be sentenced for the burglary, Sablan committed another crime while he was on pretrial release. On Oct. 29, 2014, at 3:30am, Sablan was arrested again for theft, criminal mischief, and criminal contempt of court over the stealing of copper wire at Hopwood.

Sablan admitted to entering Hopwood, climbing the utility poles belonging to CUC, and cutting 72 feet of copper wire valued at $293.

Wiseman said there is a substantial need to reflect on the seriousness of these offenses. He said the crimes of burglary and theft continue to have a negative and chilling effect for people of the CNMI. He is also deeply concerned that the crime of theft was committed by the defendant while on pre-trial release.

“This shows a complete disrespect for this court, the laws of the CNMI and his family, who posted security for his pretrial release and committed themselves to the court for their assistance in supervising his release,” he said.

Wiseman said Sablan betrayed their trust and violated the terms and conditions of his pretrial release, and jeopardized the security his family posted for him.

Wiseman noted as mitigating factors that defendant is a family man in his mid 40’s and has been active in community activities such as Little League and others and does not have any criminal history.

The judge said Sablan turned himself in for the burglary and confessed and expressed remorse at the hearing, and when arrested for what he did.

Wiseman said he also considered the several letters requesting leniency.

For the crime of theft, Wiseman said he finds the circumstances of this crime to be terrible. He said the many copper wire thefts on island have resulted in many adverse consequences, from the once aesthetic pathway lights being terminated to nursery schools having to close their facilities, to residents having power outages.

“Hopefully, the Hopwood School was not drastically affected by defendant’s actions,” Wiseman added.