Tinian cop arrested for sexual abuse of a minor

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Posted on Jun 23 2012
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But OAG may not pursue charges due to consensual relationship
By Ferdie de la Torre
Reporter

Police arrested on Thursday a Tinian police officer who is allegedly living together with an 18-year-old woman that gave birth to their son in 2010.

Police Officer Kioni Raymond Cabuang Cruz, 22, was served with an arrest warrant for charges of sexual abuse of a minor in the third degree and sexual abuse of a minor in the fourth degree.

At yesterday’s bail hearing, Superior Court associate judge Joseph N. Camacho told Cruz that as a police officer he will receive no special treatment.

Camacho released Cruz on $10,000 property bond after the Office of the Attorney General revealed that the government is considering of not filing a case against Cruz.

Detective Barbara K. Arend stated in her report that when the woman gave birth on Sept. 18, 2010 she was only 16 years old and Cruz was then 20 years old and already a police officer.

Arend said that, on Sept. 29, 2011, Cruz told her that his live-in partner, who was then 17 years old, was pregnant again.

At yesterday’s bail hearing, assistant attorney general Darren Robinson disclosed that the government may not pursue charges against Cruz.

Robinson said based on their interview with the woman, the two have a consensual relationship and that her parents are aware of it.

This prompted defense attorney Michael Evangelista to move for the immediate release of Cruz.

Evangelista said since the prosecution has expressed its intention of not pursuing the case, it would be an injustice to put Cruz in jail even for an hour or a minute over the weekend.

Evangelista pointed out that the government is in serious doubt.

Superior Court Associate Judge Joseph N. Camacho stated that he is very reluctant to release Cruz with no bail at all because these very serious charges-sexual abuse of a minor-and the defendant is a police officer.

Camacho said associate judge David A. Wiseman found probable cause to issue the arrest warrant for Cruz on Thursday.

The judge also noted that another assistant attorney general also signed the declaration of probable cause in support of the issuance of the warrant of arrest.

Evangelista then told the court that as an alternative, the defense is ready to offer a property bond. He orally moved to modify the $10,000 cash bail that Judge Wiseman earlier imposed on.

Robinson agreed to recommend a $10,000 property bond instead.

Evangelista called Cruz’s father to the witness stand to serve as third-party custodian for the defendant.

Judge Camacho found the father appropriate to serve as third-party custodian and released Cruz on $10,000 property bond.

Camacho, however, imposed many conditions, including surrender of firearm to Tinian Department of Public Safety, stay away from the alleged victim, among other terms.

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