In CNMI "Scope of Duty" of an Officer Includes Brutal Beating

December 8, 2011

CNMI Attorney General Buckingham can probably add the title of the worst attorney general in history to his other well-earned titles: corrupt attorney general, shameless attorney general, incompetent attorney general, lawbreaking attorney general and attorney general who doesn’t know the law.

Instead of charging former police office Jesse Dubrall with assault and battery when he brutally beat an innocent foreign worker in October 2011, he did nothing. When the victim had to file a civil case the AG excused the officer's criminal act by saying that “it was within the scope of his duty.” If this is the case –if brutally beating a person “is within the scope of duty of a CNMI police officer”, then there is no resident, no tourist, absolutely no one who lives in the CNMI or visits the CNMI who is safe. This statement should be broadcast to the world so tourists are fore-warned. This statement should be given to the government officials of every country that allows their citizens to work as foreign workers in the CNMI so they can reconsider sending any foreigner to work in such an unsafe place. This statement should be given to the U.S. Attorney General Eric Holder who should explain why the F.B.I. and U.S. Attorney Office did not prosecute this case.

Police officers should be protecting the public, not attacking them. Police officers should be improving peoples’ lives, not ruining them. But the list of lawbreaking and criminal CNMI police officers illustrates that police officers in the CNMI are too often treated as they are above the law, just like the attorney general who violated the Hatch ACt and CNMI election and ethics laws.

In October 2011 former police officer Jesse Dubrall hit foreign worker Jin Dong Wang with his gun, handcuffed him and then brutally kicked him outside his apartment building where he was carrying a bowl of noodles. The officer claims that he thought Wang was a drug trafficker. The victim was seriously injured and left bleeding on the concrete. The pool of blood was photographed and broadcast on the news and published in the newspapers.

Still there was not the public outrage that one would have expected as the result of such a violent incident against an innocent person. In most communities across America, the public would have protested if the police officer would have been charged with the crime and jailed. Not in the CNMI. In the CNMI the officer quit his job and walked to the Office of the Public Auditor where he was hired. Corrupt and disgusting.

Mr. Wang is suing the DPS, former DPS Commissioner Sandy Tudela, and former Officer Dubrall. The Office of the Attorney General filed a motion to dismiss the case against all parties and substitute the CNMI government as defendant.

In the opposition to the AG's motion to substitute the CNMI as the defendant, Mr. Wangs's attorney, David Banes outlined the horrible night and the injuries:
As a result of Defendant Dubrall’s use of unreasonable force, Plaintiff suffered severe injuries on his head, abdomen, buttocks and legs, concussion, rib contusion, spine contusion, blurred vision and post traumatic nightmares. Defendant DPS conducted an investigation and Defendant Dubrall subsequently resigned from DPS.
The attorney stated that "A police officer's assault and battery on a person is not within the scope of employment":
The police officer has the duty of providing effective police protection to inhabitants of the Commonwealth. A police officer is entrusted with the safety and welfare of the citizenry. However, a police officer committing assault and battery on innocent civilians has failed to fulfill his duties in providing police protection to inhabitants of the Commonwealth. A police officer committing assault and battery on innocent people is not within the scope of his employment.
Attorney Banes requested an evidentiary hearing. He stated:
Without an evidentiary hearing, it is unlikely that anyone, except for the Attorney General, will ever know what really happened. In this situation, an evidentiary hearing, and the accompanying limited discovery is even more crucial than usual, because the overwhelming majority of documentation and evidence are in the hands of the Government and Defendant Dubrall - the very party who is attempting to be released from this Court’s control.
U.S. District Judge Manglona signed an order to continue the hearing on the motion to dismiss until January 19, 2012.

Read Attorney Bane's opposition:

2 comments:

Anonymous said...

nd now we shall see on what side of the aisle our new local Fed Judge stands. Is it with Familia or with real justice?
BTW a very good post Wendy!

Anonymous said...

All eyes are on Manglona. Is she for justice? We shall see soon enough.