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Military cops indicted for Tamuning beating

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by Nick Delgado

Guam - Indictments have been down in a case involving allegations of a police cover-up and interference. Nearly a month since a riot occurred at the Royal Gardens Condominiums, official charges are being handed down.

Two military police officers were indicted by a Superior Court grand jury. Marcos Martinez and Victor Martinez-Ibarra were charged for an April 10 disturbance that occurred at the condominium complex in Tamuning. Martinez, a master-at-arms seaman was indicted on charges of possession of a firearm without an identification card as a 3rd degree felony and assault as a misdemeanor. Ibarra was indicted on charges of permitting a person without an identification card to use his firearm as a 3rd degree felony and terrorizing as a 3rd degree felony.

Additional charges against Ibarra of aggravated assault as a 3rd degree felony and a special allegation of possession and use of a deadly weapon in the commission of a felony were struck through in the indictment indicating that he was not charged with those offenses.

The indictment against the two men stem from the assault of Joshua Cruz and allegations he and his attorney, Randy Cunliffe, have made of a police cover-up and interference of a high ranking police officer. At first Cruz was the only person arrested in connection to the incident, accused of assault. It was only after he filed a counter criminal complaint that an additional five arrests were made days later

Aside from Martinez and Ibarra, arrested were William Stinnett III, Kenneth Davo-Roberts and a female, Derin Santos. According to the first magistrate's complaint, you wouldn't have known that Cruz was allegedly jumped. After the additional arrests a new magistrate's complaint was produced indicating that Cruz was allegedly repeatedly beaten by Martinez, Ibarra, Stinnett and Davo-Roberts. 

Cruz according to the new magistrate's complaint was at one point held at gunpoint to "deescalate the situation". Although Cruz ran to retrieve a baseball bat from his car, he admitted to hitting Ibarra twice. Court documents state however, that Ibarra managed to grab the bat and then hit Cruz, causing him to fall on the ground. The new magistrate's complaint also included a statement from a witness, which was not indicated in the first complaint against Cruz.

Cruz's attorney in previous interviews with KUAM News believes the reason for the delayed arrests and conflicting complaints is because of alleged interference by the district commander for the Tumon-Tamuning and Dededo Precincts, Captain Kim Santos. Attorney Cunliffe told KUAM News she had ties to several of the arrestees - Santos is her daughter, Ibarra is her son-in-law, Davo-Roberts is her nephew, and Stinette is Santos' boyfriend.

The Guam Police Department, however, has publicly stated that the preliminary investigation findings have cleared Captain Santos of any involvement and/or influence with the case. As for the status of the internal affairs investigation, GPD spokesperson Officer A.J. Balajadia said it was ongoing.

Also of note is that Cruz is Derin Santos' ex-boyfriend.

The Attorney General's Office confirms Cruz was also indicted on April 27. His arraignment is scheduled for May 11 at 10am before Presiding Judge Alberto Lamorena.  As for Ibarra and Martinez, their arraignment has been scheduled for May 11 at 10am before Judge Vern Perez.

Stinett and Roberts have not been indicted in connection with this case.

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