Trial set for 2027 after Borja declines government settlement offer

An assault case against former Department of Public Safety officer Earl Marc Borja is headed to trial next year after the defense informed the Superior Court that settlement discussions with the government had not resulted in an agreement.

During a status conference last June 4, defense attorney Janet King asked Associate Judge Lillian Ada Tenorio to set the matter for trial after earlier discussions involving a settlement offer extended by the Office of the Attorney General failed to resolve the case.

Borja, who appeared remotely from Tinian, is facing charges stemming from allegations that he assaulted a handcuffed man in December 2025.

Tenorio scheduled a jury trial for Feb. 22, 2027. Both the defense and prosecution agreed to the date.

Assistant attorney general Heather Barcinas, appearing for the government, told the court she anticipates the trial lasting about a week. King agreed with that estimate.

The June 4 hearing followed an earlier status conference last May 21, when King disclosed that the government had extended a settlement offer to Borja and that discussions were ongoing.

At that time, Tenorio scheduled the June 4 hearing to allow both sides additional time to discuss the proposal.

According to a sworn complaint previously filed in court, Borja allegedly 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.

Prosecutors allege the man suffered a concussion and abrasions and experienced temporary blackouts and mild nausea following the incident.

Court documents state the allegations stem from an encounter after Borja and fellow police officer Elijah Villar responded to LN Market in Chalan Kanoa. Investigators allege Villar handcuffed the man for safety reasons before transporting him in a patrol vehicle.

The complaint alleges the man requested to be dropped off at Pau Pau Beach but was instead taken to the area behind La Fiesta Mall, where the alleged assault occurred.

Investigators also cited discrepancies between Borja's account of events and GPS and radio log data collected during the investigation, according to court records.

The complaint further alleges Villar later told investigators that Borja admitted causing the man to bleed and instructed him to "stick to a story" regarding the incident.

Court records state Borja later waived his rights during an interview and admitted striking the man with his fist while denying that he used a baton.

Borja was previously released on $20,000 bail while awaiting trial.