Defense on Manibusan dismissal: 'It didn’t provide adequate probable cause'

Defendant Jenna Rose Manibusan is now a freed woman.

She was released from the Department of Corrections (DOC) prison just after 7 p.m. on Tuesday.

“I think it’s just the system working how it’s supposed to, that’s all,” Defense Attorney Richard Dirkx said on why the court dismissed all charges against his client to include complicity to commit aggravated murder.

Dirkx added, “It didn’t provide adequate probable cause for the charges that they lodged against her. It’s hard to say whether it was a lack of proof or whether the government just didn’t plead it. Either way, what the judge decided what was in the supporting affidavit did not support the charges that they were bringing against her.”

As KUAM first reported, Superior Court Magistrate Judge Jonathan Quan dismissed the charge without prejudice.

“I think the real problem was that they didn’t show that she was looped into the particular crimes they had charged. so we will see. It might be that they don’t have the evidence to allege against her at this point. It might be that they’re choosing to keep things a little close to the chest at this point but we will have to see how it develops,” said Dirkx.

Manibusan was arrested alongside Domingo Mendiola, who is accused in the shooting and robbery at the Thai Thai Healthy Cuisine restaurant on Valentine’s Day.

The shooting took the life of Dededo mom Sumittra Lairopi. 

Mendiola, who faces aggravated murder charges, remains held on half-a-million dollars cash bail.

Prosecutors allege the motive for the robbery was for Mendiola to get money to clear his drug debt. 

Investigators have yet to arrest the second man suspected in the killing.

When asked for comment to the dismissal against Manibusan, Guam Police Department (GPD) spokesperson, Officer Berlyn Savella stated, “GPD’s role in this case, any case, is to investigate. After determining probable cause exists an arrest is effectuated. All cases with arrests made are forwarded to the AG's office for their information and disposition.” 

The Attorney General’s office has not returned our requests for comment.

For now, Manibusan is cleared of the allegations.

Gangnam Mart employee Dwayne Santos said, “If that person is released and is innocent, then okay. But if that person is released and he or she is the one then let justice prevail somehow.”

Meantime, the Tamuning restaurant remains closed and neighboring shops also remain on high alert.

“Our security level is more intense now. we’re watching out for each other’s backs,” Santos said. 

A Yuhee Basil waitress added, “It’s honestly been really scary because we’ve had problems and incidents here before that caused us to be cautious. But ever since the shooting, it’s a whole different story.”