Man gets 5 years in prison for warehouse burglary

Superior Court Associate Judge Joseph N. Camacho has resentenced Mathias Salasiban to the maximum sentence of five years in prison to be served day to day without the possibility of parole for his involvement in a conspiracy to steal copper wires and other items from a warehouse in Afetnas.

At the sentencing hearing on Wednesday, Camacho gave the 29-year-old Salasiban credit for time served.
“The people of the CNMI cry out for justice against the epidemic of thefts, burglaries, and robberies. There can be no justice without an appropriate punishment,” Camacho said.

The judge said the five-year sentence is appropriate because Salasiban is an adult, who admitted to using illegal drugs every day, and commits crimes to support his illegal lifestyle and gambling habits.

Camacho said defendant’s actions adversely affect the CNMI community.

Camacho said no sentence is suspended and no parole is appropriate because Salasiban has already gotten the benefit in the plea agreement when all other charges were dismissed by the Office of the Attorney General amounting to possible jail sentence of over 30 years.

He said Salasiban desires to again lower his sentence with “ a time served sentence” and walk out of prison immediately.

Camacho said a suspended sentence in this case would not serve the interest of justice.

Camacho said for Salasiban to be eligible for parole would make it possible to lower his sentence and would not serve the interest of justice.

Salasiban was among the five defendants charged in the burglary at the warehouse of Han Nam, formerly known as the Onu Moda Factory on Dec. 18 and 19, 2012.

Salasiban and co-defendant Jefferey J. Lizama pleaded guilty to burglary. In August 2013, Camacho slapped the two with a maximum sentence of 10 years in prison with no parole.

Salasiban and Lizama appealed.

In December 2014, the CNMI Supreme Court returned the case to the trial court for resentencing because not ordering the presentence investigation report resulted in Salasiban receiving a sentence twice as long as the statutory maximum for the crime he committed.

With respect to Lizama’s appeal, the high court ruled that warehouse use for storage is considered unoccupied structure and sentence can only be a maximum of five years in prison. His resentencing will be on Nov. 18, 2015.

At the resentencing of Salasiban on Wednesday, assistant attorney general Heather Barcinas recommended a prison sentence of three years and other conditions.

Chief public defender Douglas Hartig, counsel for Salasiban, recommended a prison sentence of two and a half years with credit for two and a half years time-served.

In his order, Camacho noted that Salasiban’s own mother states that defendant steals from his own family members to support his illegal and gambling habit.

Camacho said some of the facts that the court did find relevant are that Salasiban is an adult who choose to voluntarily use and admitted to using illegal drugs every day.

In fact, Camacho said, the mother states that Salasiban uses all his money on illegal drugs and gambling.

Camacho said the defendant started stealing jewelry and other items to sell and support his illegal drugs and gambling habit.

Camacho clarified that Salasiban is not being punished because he is a drug addict, but because he is a convicted thief and burglar who joined other known criminals to burglarize and steal other people’s property.

In this particular case, Camacho said, the burglary crew met and discussed what place to burglarize that night and without hesitation, everyone agreed to commit the crime.

Camacho said working as a team, the crew quickly moved the copper wires, power tools, and other items to a temporary stash area.

After stealing and destroying over $4,000 worth of another person’s property, the crew got a grand total of $120 with each of the five member burglary crew getting an equal share of $20.

“Did defendant Salasiban go and buy medicine or food for his family? No. Instead each member of the burglary crew went into a poker parlor to gamble,” Camacho pointed out.

Salasiban admitted to using marijuana every day and “ice” one to two times every week.

The three co-defendants are Sonny Babauta, Fiden Hamo, and Petrus Anastacio. Hamo, Lizama and Hamo pleaded guilty.

Babauta went to trial and was convicted by the jury. He appealed his conviction. The appeal is still pending in the Supreme Court.

Hamo pleaded guilty in the burglary case and also in a rock-throwing incident. He was slapped with a five-year jail term.

Anastacio’s charge of accessory after the fact to burglary was dismissed during the trial.