Jurors find Borja guilty for pointing gun at ex-convict

After deliberating for only an hour, a Superior Court jury rendered a unanimous verdict, finding Ji Jing Borja guilty for pointing a gun on the head at an intoxicated ex-convict who asked for cigarettes from him.

Tears rolled down from the cheeks of 25-year-old Borja when a court staff read the verdict of the six jurors finding him guilty of assault with a dangerous weapon.

Associate Judge Joseph N. Camacho, who decided on the misdemeanor charge, also found Borja guilty of disturbing the peace.

The maximum penalty for assault with a dangerous weapon is 10 years in prison, while disturbing the peace is six months in jail.

Camacho set the sentencing for July 16, 2014 at 9am.

Camacho denied defense counsel Daniel Guidotti’s request for a pre-sentence investigation report. The judge said he knows about Borja.

Camacho directed the court marshal to bring Borja to the custody of the Department of Corrections.

The judged noted that the defendant is already a convicted person, he made a threat to kill the victim, and that firearm was used in this case.

Before the court marshal took him to DOC, Borja cried as he hugged his wife and their 9-year-old daughter.

Assistant attorney general Chemere McField told reporters that the Commonwealth is pleased with the verdict.

“I think that we had overwhelming evidence and justice was served. We believe in the jury trial system and we’re glad that the jury reached the right verdict today,” McField said.

Guidotti, counsel for Borja, said obviously they’re disappointed with the verdict.

“We intend to pursue an appeal,” Guidotti said.

The trial began on Monday. The six jurors started deliberating yesterday afternoon.

The prosecution rested after calling a total of seven witnesses. The defense also rested after calling two witnesses.

In the government’s closing arguments, McField said all witnesses’ testimonies corroborated about Borja pointing a gun at Jerry J. Sammy in the evening of Jan. 4, 2012, in western Garapan.

“This is not a make-believe story,” McField said.

McField said the people involved are not known cartoon characters and that the gun is real.

“This isn’t a show,” she said.

The prosecutor said saying “FU” is not a crime.

McField said after Sammy asked for cigarettes from Borja, the latter left and proceeded to a car where he took the gun.

McField said nobody followed Borja and that there was no threat on the defendant.

The prosecutor said in pointing a gun at Sammy, Borja was trying to prove a point.

She said the gun was intended to incite fear.

In the defense’s closing arguments, Guidotti showed on the projector a photo of a blue marlin with a caption “The Big Fish Story.”

Guidotti said in his opening statements on Monday, he told the jurors that the government will tell about a big fish story.

“I’m telling you now, there’s no fish in the bottom of the boat,” Guidotti said.

He said the government offered to the jurors a big marlin story, but actually they presented a parrotfish.

“The government offered you a blue marlin but all they got is a parrotfish,” he said.

Guidotti questioned why the government did not call a person and several other people who witnessed the incident.

“Jerry (Sammy) the alleged victim lied to you under oath,” said Guidotti, citing some inconsistencies of testimony and statements of the 22-year-old Sammy.

The defense counsel said Sammy’s story was changing every 30 seconds.

In his cross-examination, Guidotti asked Sammy if he said bad words against Borja, when the latter refused to give him cigarettes. Sammy replied he could not remember.

It was a security guard who reportedly recovered from Borja a Ruger P89 9mm handgun shortly after the gun-toting incident.

Last September, a Superior Court jury acquitted Borja and taxi driver Hai Tai Lin of all charges pertaining to allegations that they beat up and threatened to kill a teen passenger.

Camacho, who decided on the misdemeanor charges, found Borja and Lin not guilty of the charges of assault and battery, disturbing the peace, and criminal contempt.