A Superior Court judge has found probable cause to charge former police officer Earl Marc Esmedilla Borja with assault and misconduct in public office for allegedly beating a handcuffed man last December.
The preliminary hearing was held last March 11 with Associate Judge Joseph N. Camacho presiding. Borja, out of custody and wearing a maroon long-sleeved shirt, was represented by attorney Janet King. The government was represented by Assistant Attorney General Heather Barcinas.
During the hearing, one government witness, Ikluk T. Masayos, lead investigator for the Administrative and General Investigations Division, was sworn in and testified.
Masayos explained that the case was referred to AJID by the Department of Public Safety, with the complaint originally filed by the victim’s father, following an incident on Dec. 19, 2025.
The victim’s father first attempted to report the matter to DPS that evening but was directed to contact Internal Affairs. The complaint was formally taken on Dec. 22, and AJID received the referral on Jan. 7, 2026, after which Masayos began interviews.
During the investigation, Masayos interviewed both the father and victim on Jan. 9. The former told investigators that on the night of the incident he picked up his son, who reported being assaulted by two police officers earlier that day. He then drove his son home, photographed visible injuries to his head and wrists, and later took him to the Commonwealth Health Center emergency room for treatment.
Photographs taken by the victim’s farther on Dec. 19 documenting the injuries were presented during the hearing and identified by Masayos as part of the evidence.
Defense counsel raised objections regarding the chain of custody and authentication of the images, while the prosecution argued that evidentiary rules are relaxed during preliminary hearings and that the photos were admissible for the purpose of establishing probable cause.
The court concluded there is probable cause to believe Borja committed assault with a dangerous weapon, assault and battery, and misconduct in public office. Borja is now formally held to answer the charges, with a status conference scheduled for April 23 before Associate Judge Lillian A. Tenorio.
According to a sworn complaint, Borja struck a handcuffed man three to four times on the left side of his head with an extendable baton behind the former La Fiesta Mall in San Roque on Dec. 19, 2025. The man reported being handcuffed at the time of the assault and sustained a head contusion and abrasions, experiencing temporary blackouts and mild nausea.
The incident followed a response by Borja and fellow officer Elijah Villar to LN Market in Chalan Kanoa. Villar reportedly placed the man in handcuffs for safety, then transported him in a patrol vehicle. The man asked to be dropped at Pau Pau Beach, but the officers continued to the area behind La Fiesta.
Investigators noted discrepancies between Borja’s account and GPS data, as well as a radio log indicating inconsistent reports about the man’s whereabouts. Villar testified that Borja admitted causing the man to bleed and instructed him to “stick to a story” about the incident. Borja later waived his rights during an interview and admitted to striking the man with his fist, denying use of the baton.
Borja was previously released on $20,000 bail in connection with the case.
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