Judge Camacho acquits Barcinas couple

Superior Court Associate Judge Joseph N. Camacho acquitted yesterday former Rota Procurement officer Rowena Barcinas and her husband, retired police officer Andrew Barcinas, of all four charges in connection with the alleged stealing of a government’s vehicle.

During the second day of bench trial on Rota, Camacho granted defense counsels Steven Pixley’s and assistant public defender Matthew Meyer’s motion to acquit the Barcinas couple.

Camacho determined that the government has failed to prove beyond a reasonable doubt that Rowena and Andrew Barcinas are guilty of the crimes of theft of vehicle and restriction upon use of government vehicles.

Andrew Barcinas

Rowena Barcinas

Saipan Tribune learned that after listening to Camacho’s ruling, the defendants, their family members, and friends clapped and cheered as they hugged each other. They thanked defense lawyers Pixley and Meyer and even shook the hand of white-collar crime/public corruption prosecutor Matthew Baisley.

Baisley called six witnesses then rested the government’s case. Pixley and Meyer then moved for judgment of acquittal.

Asked for comment about the not-guilty verdict, Pixley, counsel for Rowena Barcinas, said this was a case of extreme overreach by the Office of the Public Auditor.

Pixley said they arrested his client, Rowena Barcinas, then shackled her and put her on a flight to Saipan, where she spent the night in jail.

“This arrest was based upon a highly questionable investigation. Justice was served today,” Pixley said.

Saipan Tribune tried but failed to get a comment from the government.

The Barcinas couple was arrested last April on charges of theft by unlawful taking or disposition, conspiracy to commit theft by unlawful taking or disposition, removal of government property, and receiving stolen property.

According to the OPA report, Mrs. Barcinas, as then Rota Procurement officer, allegedly used her position to manipulate the system into “surveying” several government vehicles on Rota.

One of the several government vehicles was Rota Finance’s Jeep Cherokee, that Mr. Barcinas allegedly asked someone to fix and then brought it to his house.

At the two-day trial, the government called six witnesses— Office of the Public Auditor Taskforce police officers Melissa Bauleong and J.B. Cepeda, Finance Procurement & Supply Director Herman Sablan, former Department of Public Works mechanic Peter Taitano, Finance Rota Resident Director Vivian Hocog, and Rota Finance employee Tilford Toves.

In his ruling, Camacho said the prosecution filed this case as a criminal matter even though technically the offenses listed are traffic charges.

As to the charges of restriction upon use of government vehicle, Camacho said one of the basic elements that the government has to prove is that a government vehicle was driven or operated on the date of the crime.

Camacho noted that the government’s own witnesses testified that on Feb. 23, 2015, the subject green Jeep was broken and not working.

“Because the green Jeep was not working on Feb. 23, 2015 it could not be driven,” the judge said.

Camacho, however, agreed with the prosecutor that it is possible to operate a government vehicle without driving such as operating a stationary heavy equipment crane or bucket truck.

As to the charges of theft of vehicle against Rowena Barcinas, the judge said there was no testimony that she ever drove the vehicle and took it without consent.

In fact, Camacho said, there was no police report that the green Jeep was stolen or taken without permission.

Camacho said the prosecution did not put on any witness to show that Mrs. Barcinas initiated any action to unlawfully operate or take the green Jeep.

The judge said even in the light most favorable to the government as to inferences, the government has not shown that Mrs. Barcinas as then-employee of Rota Finance was prohibited to drive or operate the green Jeep.

Rota Finance is the titled owner of the Jeep.

As to theft of vehicle against Andrew Barcinas, Camacho said there was no testimony that he ever drove the vehicle and took the vehicle without consent.

Camacho said even in the light most favorable to the government as to inferences, the government has not shown that Andrew Barcinas through his wife, Rowena, deprived Rota Finance of its title or possession to the Jeep.