Illegal possession charge vs Quitugua is dismissed

Superior Court Associate Judge Joseph N. Camacho has dismissed the charge of illegal possession of a controlled substance filed against Daniel M. Quitugua after police officers failed to test the alleged methamphetamine or “ice” found in his possession due to the Department of Public Safety’s lack of money to buy field test kits.

At a preliminary hearing on Tuesday afternoon, Camacho said he heard the testimony of witnesses and found no probable cause to charge Quitugua with illegal possession of a controlled substance.

Since DPS reportedly lacks the funding or access to a field test kit, detectives were unable to perform a field test as to the controlled substance, Camacho said.

DPS narcotics investigator Elias Saralu testified that three baggies of possible “ice” and a glass tube were found with Quitugua when he was arrested.

Camacho also found no probable cause to charge Quitugua with assault and battery and dismissed that count.

The judge, however, found probable cause to charge him with resisting arrest and ordered him to answer that count.

Quitugua will be arraigned on June 9, 2014 at 9am. He was remanded into the custody of the Department of Corrections.

Chief prosecutor Brian Flaherty appeared for the government at the hearing. Quitugua appeared with his counsel, assistant public defender Michael Sato.

It is not clear yet why the OAG did not charge the defendant with illegal possession of firearms and ammunitions.

Police arrested Quitugua for allegedly speeding, running away from police officers, and leaving a bag that contained three illegal guns and bullets on May 23, 2014.

Following the arrest, the U.S. Probation Office has sought to have Quitugua’s probation revoked.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted the U.S. Probation’s request to issue a summons and writ of habeas corpus for Quitugua to appear at a hearing.

At a hearing set for today, Thursday, Quitugua will be asked to explain why his term of supervised release should not be revoked.

U.S. probation officer Gregory F. Arriola said that Quitugua remains in the custody of the Department of Corrections after police arrested him on May 23.

Arriola said under the mandatory condition of probation, Quitugua is prohibited from any unlawful use of a controlled substance and from committing another federal, state, or local crime.

In April 2005, the federal court slapped Quitigua with a 120-month prison term followed by a five-year supervised release for robbing a poker arcade in 2004. He was convicted of Hobbs Act robbery, and using and carrying a firearm during crime of violence.

Quitugua’s supervised release began on Jan. 14, 2013.