25 Jan 2018
- By Bryan Manabat – [email protected] – Variety News Staff
A FORMER Commonwealth Utilities Corp. crewmember was sentenced to six years imprisonment on Wednesday.
Superior Court Judge Joseph N. Camacho said Daro Reyes Cabrera, 38, will serve his sentence day by day without the possibility of parole.
Cabrera burglarized the house of a lawyer and stole a CUC vehicle that ended up colliding with a police car and injuring an officer.
The judge sentenced Cabrera to five years in prison for burglary and one year for theft of a vehicle to run consecutively with the five years.
In addition, the judge imposed a one-year sentence on Cabrera for criminal mischief that will run consecutively with the six-year imprisonment sentence, but will be suspended after the defendant completes his six-year sentence. He will then be placed on three years of probation.
But the judge said the suspended sentence may be imposed in whole or in part on Cabrera for any violation of CNMI or federal law, or rules of the Office of the Adult Probation.
Cabrera was also ordered to pay restitution to the burglary victim for his property loss of $170; $440 for the damaged CUC 2013 Ford F250 utility vehicle; and $5,004.52 for the damaged Department of Public Safety 2006 Toyota Tacoma.
No community work service was imposed on Cabrera so once he is released from the Department of Corrections, he can work to support his 6-year old son, the judge said.
Cabrera was given credit for time served since his arrest on July 14, 2016.
In his order, the judge noted that Cabrera has a prior conviction for which he received a five-year suspended sentence.
“This prior lenient sentence failed to rehabilitate Cabrera, and failed to be a significant deterrence. If anything, the defendant’s criminal acts continued to escalate,” the judge said.
Cabrera “requires a much longer sentence to insure that [he] fully understands his actions and is deterred from committing any future crimes.”
At the sentencing hearing, Assistant Attorney General Heather Barcinas represented the government while Assistant Public Defender Nancy Dominski appeared for Cabrera.
Barcinas recommended a sentence of seven years imprisonment while the defense counsel recommended three years.
On July 19, 2016, Cabrera was charged with burglary, theft, theft of vehicle, resisting arrest, criminal mischief, reckless driving, and eluding a police officer. If he had gone to trial and been convicted on all charges, Cabrera would have faced a possible consecutive maximum prison sentence of 16 years and six months.
Cabrera pled guilty to burglary, theft of vehicle, and criminal mischief.
In his order, Judge Camacho also commended DPS officers for “opting not to use their firearms and respond with deadly force against Cabrera when he used the utility truck he was driving to ram a DPS police barricade.”
Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/101758-daro-cabrera-gets-6-years-for-burglary-theft-of-vehicle-criminal-mischief