Superior Court Associate Judge Joseph N. Camacho maintained a $20,000 cash bail for former police officer Earl Marc Esmedilla Borja following his arrest on charges of assault and battery, assault with a dangerous weapon, and misconduct in public office.
In a bail hearing in Superior Court last Feb. 23, Camacho denied a request from the defense to allow Borja to post 10% of the bail amount and instead ordered that the full $20,000 cash bail remain in place, citing the nature of the allegations.
Assistant attorney general Heather Barcinas argued that the most serious charge—assault with a dangerous weapon—carries a potential penalty of up to 10 years in prison and a $10,000 fine.
She said the allegations stem from Borja’s conduct while on duty as a police officer, where he allegedly struck an individual described as having a mental illness with a baton multiple times, causing significant injuries. The misconduct in public office charge also carries a potential 10-year sentence and $10,000 fine.
The government maintained that Borja poses a danger to the community and opposed any modification of bail.
Chief Public Defender Douglas W. Hartig, who was appointed during the hearing, argued that Borja is not a flight risk, has no prior criminal history, and asked the court to authorize 10% posting of the $20,000 bail.
Camacho rejected the request, referencing the seriousness of the charges and the circumstances outlined in court, including allegations that Borja, while in the company of another officer, struck a handcuffed individual and failed to promptly report the incident.
The court ordered that bail remain at $20,000 cash, subject to additional conditions. Borja must obey all local and federal laws, surrender his passport no later than Feb. 27, and refrain from seeking or obtaining any additional travel documents. He is also barred from going near seaports and airports, must stay away from the alleged victims, and must surrender any issued firearms.
Earlier in the hearing, Borja was advised of his right to remain silent and informed that anything he says may be used against him. He was also advised of his right to bail, a preliminary hearing to challenge probable cause, and his right to counsel.
Attorney Janet King appeared on a limited basis at the request of Borja’s parents to assist during the initial proceeding, informing the court that Borja was not able to retain private counsel. The court subsequently appointed the Office of the Public Defender to represent him.
Borja told the court he is not working, has no source of income, and has not served in the U.S. military.
A preliminary hearing is scheduled for March 4 at 10am, with arraignment set for March 9, 9am, both in Superior Court.
Borja’s arrest last Feb. 20 stems from a December 2025 incident involving two CNMI police officers who allegedly assaulted a man. The incident was reported to authorities last Dec. 22 after the victim’s father contacted officials regarding an alleged assault that occurred on Dec. 19. The Office of the Attorney General is investigating the case.
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