Mafnas says he never harassed or threatened to shoot anybody

On-leave Department of Public Safety commissioner Ramon C. Mafnas has stated that he never harassed or threatened to shoot anybody.

“My action was in the scope of the law and for and in the interest of the public and the department,” said Mafnas in response to a question by Office of the Attorney General chief investigator Vicente Babauta if he ever mentioned that he’s going to shoot anybody in three separate incidents.

The incidents that Babauta was referring to were Mafnas’ “encounter” with a security guard at Bird Island Lookout, a dive instructor at the Grotto, and a security guard at Suicide Cliff.

Babauta’s interview with Mafnas was among the several exhibits included in the OAG’s report concerning many allegations of misconduct against Mafnas. Aside from Babauta, Attorney General Edward Buckingham and chief prosecutor Peter Prestley prepared the report.

In the Bird Island Lookout incident, according to a security guard in his complaint that in the morning of May or June 2011 when police were searching for missing sisters Faloma and Maleina Luhk, Mafnas arrived on board a Toyota 4Runner and approached him at his post.

Mafnas allegedly told the guard to stop greeting the tourists because he is not a police officer and that this is not the Philippines, Bangladesh, or Nepal.

As the guard tried to explain his duty and assignment at his post, the DPS commissioner told him to keep quiet and that he does not need explanation.

In the Grotto case, the incident happened in September 2011 when the commissioner arrived aboard a white Toyota 4Runner.

Mafnas approached a security guard at his post and inquired about a vehicle parked at the eastern portion of the Grotto parking lot.

When a dive instructor arrived at the area after a few minutes, Mafnas approached and inquired about his license plate sticker.

The Korean explained that someone stole his sticker, but Mafnas told him to be quiet and not explain.

Mafnas allegedly showed handcuffs and told the Korean if he wants to be arrested.

In the Suicide Cliff case, the guard was at his post when Mafnas came aboard a white Toyota 4Runner.

Mafnas approached the guard and allegedly started shouting at him for no apparent reason.

The guard asked what’s his name, and Mafnas replied he is the DPS commissioner.

Mafnas asked the guard for his driver’s license. As the guard was trying to explain why he parked his car in the parking area, the commissioner kept telling him to shut up and be quiet.

Mafnas allegedly warned the guard to move his car or he would arrest him, handcuff him, then shoot him.

The commissioner allegedly continued telling the guard if he wants to be arrested or shot at.

The guard told the detectives he was very disturbed by Mafnas and scared for his life.

In his statements to Babauta, Mafnas had another version regarding the Bird Island Lookout incident. He said he observed the guard’s approach to a tourist was intimidating.

Mafnas said he told the guard to approach the tourists with a greeting then go back to his place and write down the license plate number of the vehicles.

In the Grotto case, Mafnas said he told the operator of a truck that he is a police officer and that his vehicle’s license plate has no sticker.

Mafnas said he asked the operator to show his driver’s license and car registration, but the Korean started talking loud.

Mafnas admitted that he took a handcuff and told the operator he would arrest him if he refuses to provide his license and registration.

Mafnas said when the operator showed the registration, he gave him a warning and told him to clear his registration with the Bureau of Motor Vehicle.

With respect to the Suicide Cliff incident, Mafnas said during the search for then missing Emerita Romero he approached a vehicle parked on the side walk on top of the Cliff.

Mafnas said he got down from his vehicle and met the security guard, while Marianas Variety reporter Tammy Doty pulled her car into the parking lot.

Mafnas said he identified himself as a police officer and asked the guard for his driver’s license and car registration.

He said the guard was kind of hesitant to produce his license and registration so he told him he will have him arrested if he would not comply with his instruction.

Mafnas said the guard hesitantly surrendered his driver’s license and registration. He said the vehicle turned out to have a valid registration and that the guard moved the vehicle to a designated parking area.

Chief investigator Babauta said Doty twice declined to be interviewed.

The OAG report concluded that the Bird Island Lookout case was an interpersonal issue. No explanation was indicated in the report.

OAG, however, explained that a finding of interpersonal issue suggests that a conflict exists, but the nature of the conflict did not adversely affect DPS operations and did not constitute a violation of police or law.

OAG said a finding of an interpersonal issue suggests follow-up and possible training needs.

On the Grotto case, OAG concluded it was an operating issue. OAG said the answer is “no” to the question in this situation whether an individual may properly be arrested or threatened with arrest for a payable traffic offense.

On how to view the commissioner’s conduct, OAG said it would be inappropriate for a lower level police officer to threaten a vehicle operator with arrest and that it is also improper when the person engaged in the same activity happens to be the DPS commissioner.

On the Suicide Cliff case, OAG concluded that Mafnas violated investigative standards.

OAG said while not unlawful to be performed by the commissioner, such activities should be undertaken in accordance with applicable standards of a police officer.

“This was not done in this case,” the OAG report stated.

On clearing Mafnas of criminal charges, OAG said asking the guard if he wanted to be shot borders on being a law violation, but fell short of such classification.

OAG said Mafnas’ offer was posed as a question, and that there was no threat of immediate harm to the security guard, and no allegation that the commissioner was even carrying a visible firearm.