Judge grants dismissal of murder charges against Agababa

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Judge Maria Cenzon ordered the release of Allan Agababa immediately.

Guam – A few weeks after a deadlocked jury was unable to decide on a verdict for Allan Agababa, Judge Maria Cenzon dismissed the case against Agababa without prejudice.

“Without prejudice” means that the Attorney General’s Office can file charges against Agababa at a later time.

Agababa was facing murder charges in the 2013 death of his mother Shelly Bernstein whose death was ruled a homicide. Agababa discovered his mother’s body on her bed and reported the discovery to police.

But police were highly suspicious of the circumstances surrounding the crime and after learning that Agababa tried to claim his mother’s death benefits almost immediately after her death, evidence pointed to him as the suspect.

Agababa was tried twice and both trials resulted in a hung jury.

Judiciary Spokesman Shawn Gumataotao says Judge Cenzon also ordered the exoneration of Agababa’s property and his immediate release.

The order, however, is still pending which means Agababa cannot be released until the Department of Corrections receives the official copy of the order.