Trial for Mark Charfauros could be over before…and it's barely e - KUAM.com-KUAM News: On Air. Online. On Demand.

Trial for Mark Charfauros could be over before…and it's barely even started

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Rewind nearly two years ago. Christmas Eve 2016 at an Agat home. File police body camera footage shows an off-duty Mark Charfauros- and former police commander - reacting at a scene of suspected illegal fireworks.

Charfauros is currently on trial for misdemeanor obstructing governmental functions and official misconduct charges. That trial was put to a screeching halt just hours after starting.

Defense attorney Randy Cunliffe arguing for a mistrial, saying, "It has nothing to do with this case. There's no evidence of it. He's the highest ranking police officer next to the chief of police, and they've been trying to smear this case from the very beginning. We're asking a mistrial, Your Honor."

The motion followed a statement by GPD officer Craig Calvo. Calvo was one of the first on the scene and the first to testify for the government on Wednesday, saying, "I had reason to believe that the colonel was affiliated with the Agat Blood Town gang.

Prosecutor Pete Santos urged the court to keep the statements on the record, saying, "If there is a reputation that mr. Charfauros is affiliated with Agat Blood Town, it's something all the police officers in the Agat Precinct and further are keenly aware of. And that is a fact of this case and that is one of the supporting elements. That's why he came over there because of who it was that called him. So if it's prejudicial that's just the facts. It goes to the intent of mr. Charfauros abusing his authority."

The court requested the parties to submit their motions in writing and to make additional arguments on Thursday morning. Early Wednesday morning, parties delivered their opening statements. According to prosecution, officers could hear and see fireworks and identified the source on top of a two-story house.

Shortly after, Charfauros showed up yelling, prompting officers to leave the scene and abandon their investigation. Prosecution stated this case is about the rule of law - and that everyone is subject to the law, most especially high ranking officials. Defense, however, argues Charfauros was only doing the right thing: that officers couldn't perform a search of the home without a warrant.

The court will hear additional arguments on the motion for acquittal on Thursday morning. Trial is anticipated to resume Thursday afternoon.

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