Wiseman: Crime of burglary continues to have chilling effect

McPeterson C. Tipengeni, a 23-year-old notorious burglar, was slapped with a 30-month prison term for burglarizing another house in Garapan to steal food.

Superior Court Associate Judge David A. Wiseman said that Tipengeni shows a high disregard for the sanctity of the home and peace of people by committing this crime while on probation for similar crimes. Tipengeni also shows a high disrespect for the law and the safety of the community, he added.

In a written order issued Monday, Wiseman said there is a substantial need to reflect on the seriousness of these offenses, as the crime of burglary continues to have a negative and chilling effect for people of the CNMI.

Wiseman sentenced Tipengeni to three years imprisonment, all suspended except for 30 months—a period of two years and six months.

Tipengeni was given credit for time served. He is expected to be released from prison on Nov. 8, 2017.

Upon his release, he will be placed on probation for three years, during which time he is to stay away and have no contact with the victim and New Wave Dental.

Tipengeni was also ordered to perform 300 hours of community service, write a letter of apology to the victim, and pay a $100 assessment fee plus probation fee.

The Office of the Attorney General charged Tipengeni with a count of burglary. The OAG also filed a petition to revoke his probation in his 2013 burglary conviction. To resolve the two cases, Tipengeni pleaded guilty to burglary.

Tipengeni broke into a woman’s home on May 5, 2015, on Saipan with the intent to take food. Police said the victim called 911 at 6:37pm after she saw Tipengeni in her backyard, looking into her kitchen window. She shouted at Tipengeni, who then immediately climbed over the fence to the other side of the house. The victim said she also saw Tipengeni trying to enter her house the night before.

Acting chief prosecutor Emily Cohen recommended the maximum sentence of three years in prison. Assistant public defender Matthew Meyer recommended six months.

Wiseman noted that Tipengeni has two prior criminal convictions for criminal trespass and disturbing the peace.

Tipengeni was sentenced in September 2013 to nine months in prison for burglarizing a hotel staff housing in China Town, Garapan, in the early morning hours of New Year’s Day in 2013, traumatizing a 13-year-old girl.

Several months ago Tipengeni had another conviction for disturbing the peace, although he was charged with burglary.

Wiseman said Tipengeni has unlawfully entered the home of three different persons since 2013, the last while he was on probation. He said the latest victim has had her home entered twice by Tipengeni at the very least.

“Such an intrusion had to be a traumatic event for anyone,” the judge said.

Meyer had argued that Tipengeni deserves a fair sentence in view of his life circumstances—he is homeless, kicked out of his home for conflicts with his family and did illegal things to exist on the streets.

“Does this mean we should have compassion for his claimed situation at the substantial harm and cost to the people of this community by having strangers enter their homes unlawfully?” Wiseman asked.

He said the court deems the safety and peace of the people in the sanctity of their homes to far outweigh any problems Tipengeni may have in his life situation, which he was and is control of.

Wiseman said Tipengeni is now about 23 years old, was adjudicated in a juvenile case for receiving stolen property and, beginning six years later, was convicted of crimes in three different cases.