Sex Offending Guard Signs Plea Bargain

March 26, 2011

Tyrone Fitial, a former guard at the Juvenile Detention Center, entered a guilty plea to Count 3 of the Superseding Indictment charging him with Enticement of a Minor in violation of Title 18, United States
Code,§ 2422(b). The government will move for dismissal of Counts 1 and 2 of the Superseding Indictment at sentencing. Those charges were deprivation of rights under color of law.

Fitial was originally charged with sexually assaulting three young minors at the Kagman Juvenile Detention Facility.

As part of the plea agreement Fitial will submit to a polygraph test, which "may include, but will not be limited to, his knowledge of or involvement in drug trafficking and money laundering activities and his knowledge of other person's involvement in such activities."

The plea agreement suggests that the federal agency has ongoing investigations at the detention centers:
The defendant, TYRON FARLEY REYES FITIAL, further agrees to fully and truthfully cooperate with Federal law enforcement agents concerning their investigation of official misconduct, civil rights violations, and other related offenses within the Kagman Juvenile Detention Facility and the Department of Corrections. Cooperation shall include providing all information known to defendant regarding any criminal activity, including but not limited to the offense to which he is pleading guilty. Cooperation will also include complying with all reasonable instructions from the United States; submitting to interviews by investigators and attorneys at such reasonable times and places to be determined by counsel for the United States; producing to the United States all non-privileged documents (including claimed personal documents) and other materials in the possession, custody or control of defendant requested by attorneys and agents of the United States; and testifying fully and truthfully before any grand juries, hearings, trials or any other proceedings where defendant's testimony is deemed by the United States to be relevant. Defendant understands that such cooperation shall be provided to any state, territorial, local or federal law enforcement agencies designated by counsel for the United States. Further, it is understood and agreed that defendant shall not directly, indirectly, or intentionally disclose anything defendant knows or had done concerning the United States' investigation to anyone other than defendant's attorney. Defendant agrees to take no steps directly or indirectly to "tip" or warn any subject of this investigation that defendant, a subject or anyone else is being investigated.
According to the plea agreement Fitial will receive up to ten years in prison. The plea agreement covers only the federal charges. The CNMI OAG charged him with five counts of sexual abuse of a minor in the second degree, two counts of unlawful exploitation of a minor, one count of assault and battery, one count of misconduct in public office, one count of failure to report child abuse or neglect, and one count of sexual servitude of a minor. Those charges will be heard in the CNMI Superior Court.

The plea agreement:

2 comments:

Anonymous said...

Hope he cooperates and spills his guts. There's so much dirt in the DOC where to begin?

Anonymous said...

Why is the local court going to prosecute? His Uncle Ben will just absolve him of any wrongdoing and commute his sentence.