US govt wants to charge Quitugua for illegal guns

The U.S. government wants to file charges against federal probationer Daniel M. Quitugua over the alleged illegal guns that were found in his possession during a traffic stop.

Assistant U.S. attorney Garth Backe informed U.S. District Court for the NMI Senior Judge Alex R. Munson that the U.S. government would be seeking an indictment for the gun charges.

Backe also asked the court for Quitugua’s continued detention pending a resolution in the revocation petition.

Quitugua, through court-appointed counsel F. Matthew Smith, denied the allegations in the petition. Smith disclosed that he had just received Quitugua’s alleged admission statement and that he did not have the opportunity to review this yet.

Backe explained that the admission statement was only for Quitugua’s use of methamphetamineand not for the weapons violation.

Smith then asked the court to be allowed to withdraw as counsel for Quitugua due to personal issues. Munson allowed this and ordered the court’s clerk to appoint a new counsel for Quitugua.

Munson set the revocation hearing for July 2, 2014 at 9am.

U.S. Marshal Don Hall stated that their office would be filing a detainer on Quitugua with the Department of Corrections, which means he would be automatically detained under federal custody if he is released from local custody.

Munson remanded Quitugua into the custody of the U.S. Marshal to be returned to the Department of Corrections.

Last week, Superior Court Associate Judge Joseph N. Camacho dismissed the charge of illegal possession of a controlled substance filed against Quitugua after police officers failed to test the alleged “ice” found in his possession.

Camacho said he heard the testimony of witnesses and found no probable cause to charge Quitugua with illegal possession of a controlled substance.

Camacho said the Department of Public Safety reportedly lacks funds to buy field test kits, resulting in detectives being unable to perform a field test on the alleged controlled substance.

DPS narcotics investigator Elias Saralu testified that three baggies of possible “ice” and a glass tube were found with Quitugua when he was arrested.

Camacho also found no probable cause to charge Quitugua with assault and battery and dismissed that count.

The judge, however, found probable cause to charge him with resisting arrest and ordered him to answer that count.

The Office of the Attorney General did not charge Quitugua with illegal possession of firearms and ammunitions.

Police arrested Quitugua for allegedly speeding and running away from police officers, leaving behind a bag that contained three illegal guns and bullets near Northern Marianas College on May 23, 2014.

Following his arrest, the U.S. Probation Office sought to have Quitugua’s probation revoked.

U.S. probation officer Gregory F. Arriola said that Quitugua is prohibited from any unlawful use of a controlled substance and from committing another federal, state, or local crime as a condition of his probation.

Arriola said Quitugua admitted in writing that he used “ice” on May 14, 2014, and on March 5, April 28, May 20, and June 7, all in 2013.

In April 2005, the federal court slapped Quitugua with a 120-month prison term followed by a five-year supervised release, for robbing a poker arcade in 2004. He was convicted of Hobbs Act robbery and using and carrying a firearm during crime of violence,

Quitugua’s supervised release began on Jan. 14, 2013.