Criminal charges against Charfauros dismissed

by Krystal Paco

Guam - There are new developments to report as Police Captain Mark Charfauros is in the free and clear after criminal charges were dropped. Superior Court Judge Vern Perez has dismissed criminal charges against Charfauros.

Charfauros was faced with misdemeanor charges of solicitation to commit assault and official misconduct.  The defense argued that the charges must be dismissed because the law only provides for solicitation to commit assault as a felony. The police captain was arrested on a felony solicitation charge, accused of soliciting Police Officer Burt Carbullido last year to go and "deck a guy" in Yona.

Charfauros vehemently denied the charges and the claims that he sought the assistance of a subordinate officer to assault a Yona resident who had filed a trespassing complaint against him.

According to the decision and order, Judge Perez found that solicitation of a misdemeanor is not criminal and the government should never be allowed to charge Charfauros or any other defendant with solicitation to commit misdemeanor assault. The charge was dismissed with prejudice, meaning the Attorney General's Office cannot bring the charge again before the grand jury.

Judge Perez also dismissed the official misconduct charge finding it was invalid because the first charge could not be substantiated.

Charfauros meanwhile has chosen not to appeal a five-day suspension and letter of reprimand he received for the trespassing and solicitation arrests. The time to appeal with the Civil Service Commission has expired.

The CSC meanwhile has been given the go-ahead to begin an investigation into two whistleblower complaints that were filed by members of the police force. Captain Paul Suba and Officer Carbullido both filed complaints alleging mismanagement in the Guam Police Department and alleged unbecoming conduct of several officers, including Charfauros.

CSC Executive Director Tony Lamorena says the board authorized an investigation into both complaints and the personnel management staff will now work with GPD to verify the information contained in the complaints.  Lamorena says once the investigation is completed, the findings will be presented to the board and if they are of a criminal nature, it will be forwarded to the AG's Office. 

The Commission hopes to resolve the matter within 120 days.