SAIPAN — Court records filed in the case against former DPS officer Earl Marc E. Borja lay out detailed allegations from the Attorney General’s Investigative Division and show a Superior Court judge set $20,000 cash bail, with Borja ordered to remain in Department of Corrections custody after a request to modify bail was denied.
Borja, 26, appeared Monday for an initial appearance in Superior Court to face charges of assault with a dangerous weapon, assault and battery, and misconduct in public office. While initially represented by attorney Janet King, Borja was deemed indigent by Judge Joseph Camacho and referred to the Public Defender’s Office.
The case stems from an alleged December 19, 2025 incident involving a 28-year-old man, which DPS had previously said was under investigation.
According to a Complaint and Affidavit of Probable Cause in Support of the Issuance of an Arrest Warrant filed in Superior Court, AGID Chief Investigator Ikluk T. Masayos stated that a complaint was made alleging a police officer assaulted the man. The affidavit states the matter was later referred to AGID for investigation.
The affidavit states AGID registered the matter as AGID Case No. 26-001 on January 7, 2026, and that investigators reviewed radio logs, surveillance footage, and GPS tracker data for the police vehicle used by officers identified in the affidavit as Borja and Elijah Villar.
According to the affidavit, AGID investigators concluded the vehicle traveled from LN Market in Chalan Kanoa to Pau Pau Beach and then to the La Fiesta area. The affidavit also states that a radio transmission from Borja reported a transfer at Pau Pau Beach and claimed the man was hitting his head, while GPS data showed the officers were already in Tanapag heading south toward DPS Central without him in the vehicle.
The affidavit includes statements attributed to the alleged victim, a family member, Officer Villar, and another officer interviewed by investigators.
According to the affidavit, the alleged victim told investigators he was handcuffed, placed in a police vehicle, driven to Pau Pau Beach and then to the La Fiesta area, where he alleged Borja asked if he wanted to fight and struck him multiple times on the left side of the head with an expandable baton while he was still handcuffed.
The affidavit also states a family member later photographed his injuries and took him for medical treatment. The document says medical records reviewed by investigators described head injuries and abrasions, and that the alleged victim reported being struck by DPS officers and experiencing bleeding and temporary blackout symptoms.
The affidavit further states Villar told investigators he transported the man after determining there was no probable cause for arrest at LN Market and said he handcuffed him for safety during the transport. Villar told investigators, according to the affidavit, that he stopped behind La Fiesta to use the restroom and later saw the man bleeding. The affidavit also alleges Villar said Borja told him to “stick to a story” afterward and repeated that instruction during the days following the incident.
The affidavit also summarizes an interview with Borja, stating he was advised of his rights and waived them in writing before speaking with investigators. According to the affidavit, Borja admitted punching the man once or twice during an encounter while uncuffing him, but denied using a baton.
Based on those interviews and other evidence, the affidavit states probable cause existed to support charges under Commonwealth law and requested issuance of an arrest warrant for Borja.
Court records show the arrest warrant was issued February 20 by Superior Court Judge Teresa Kim-Tenorio, with $20,000 cash bail and orders to confiscate travel documents and personal firearms. The return of officer section indicates the warrant was served later that day.
At Monday’s initial appearance, a request by the Public Defender’s Office to modify bail was denied and the court’s bail order maintained the $20,000 cash bail. Judge Camacho also imposed release conditions including no direct or indirect contact with the alleged victim and Elijah Villar, surrender of travel documents, and restrictions on travel without court permission.
Borja previously resigned from DPS while the case remained under investigation. DPS has said the criminal investigation continued despite his resignation. Borja will return to court at 10am on Wednesday, March 4 for his preliminary hearing and again on Monday, March 9 for his arraignment at 9am.
