Judge slaps defendant with 3-year prison term

Superior Court Associate Judge Joseph N. Camacho yesterday imposed a three-year prison term against Alfred Jacob Teregeyo Kaipat, who grabbed two machetes from Feng Hua Store in San Jose, threatened to kill his wife, barricaded himself on the third floor of the store’s building, before surrendering himself to police after three hours.

Kaipat, 31, signed a plea deal with the government and pleaded guilty to two counts of violation of protective order and a count of theft.

Camacho accepted Kaipat’s guilty plea and the plea agreement.

Camacho said the first year of imprisonment is to be served day for day without the possibility of parole, while Kaipat shall be eligible for parole for the second year of the sentence.

Camacho explained that when a defendant is given probation, he is automatically released from the Department of Corrections upon completion of his sentence.

The judge said when a defendant is eligible for parole he is not automatically released from DOC as he must first apply to the Board of Parole.

Camacho said by imposing parole instead of probation, the court fashions a sentence scheme that will allow the victim, Yanyou Kaipat, to appear before the Board of Parole and renew her concerns.

In effect, Camacho said, Alfred Kaipat will not be released automatically after serving one year but must prove that he is in good behavior and complying with other conditions before he can be released by the Board of Parole, and then he is supervised by parole officers.

The judge said the remainder of the sentence, which is the last year, is suspended and may be imposed in whole or in part for violation of law or Office of the Adult Probation rules.

Camacho said the CNMI Supreme Court has ruled that a suspended sentence is required in order to impose fines, community work service, counseling and restitution.

Camacho said without a suspended sentence, the law does not allow the court to impose fines, community work service, anger management counseling, or restitution.

Camacho said that is why a portion of Kaipat’s sentence is suspended so that he can attend counseling, pay fines, do community work service, and pay restitution.

After serving the prison term, Kaipat will be placed on supervised probation for two years. He was required to pay a $100 fine, $25 in court costs, and $200 in probation fee.

The defendant was ordered to perform 100 hours of community work service and complete anger management and any other recommended counseling by the Community Guidance Center.

During the entire probationary period, Kaipat is prohibited from possessing or consuming alcoholic beverages or controlled substances.

According to the factual basis of the plea deal, on July 25, 2015 on Saipan, Kaipat went to Yanyou Kaipat’ store in Dandan, made contact with her, then called her on her phone several hours later, while a court’s protective order prohibiting him from doing so was in place. On that day, he also stole two machetes from Feng Hua Store.

Camacho said the defendant and his wife were having marital problems.

The defendant stole two machetes, placed them to his neck as if to kill himself. The wife was not present during the drama.

The defendant did not make any threatening move to endanger police officers or the public.

“In effect, defendant was holding himself hostage. The only person in danger of injury was defendant himself,” Camacho said.

Defendant Kaipat has no prior arrest or conviction.

Assistant public defender Tillman Clark served as counsel for the defendant. Assistant attorney general Emily Cohen appeared for the government.