On Tuesday, Appellate Court Associate Justice John K. Rechucher issued a release order for Chelsea Ngirakesiil, a convict serving a two-year jail sentence for manslaughter. Ms. Ngirakesiil had served one year of her two-year sentence for a manslaughter conviction in the death of her husband Charlie Ngcheed.
The order states that it is based on a motion she filed in August of 2020 seeking to be released from jail to be with the baby that she had just given birth to and in need of parental care. Order further states the Rules of Appellate Procedure allows convicted persons to request release from jail pending appeal.
The request for release that Ms. Ngirakesiil filed in August of last year was denied twice by the Trial Division.
Since then, there has been no motion for release filed by either the Appellant (Ngirakesiil) or the Appellee (gov’t). Appellate Judge agreed that no motion for release has been made but he said that he takes the August 20th motion as the Appellant’s as notice of appeal.
In the order, the Appellate Justice say he didn’t want to prejudice the pending appeal but their review indicates that the “appeal raises a substantial question of law or fact which is sufficiently important to the merits that a contrary appellate ruling is likely to require the person’s release or a new trial.”
Appellate justice ordered the Chelsea Ngirakesiil’s release from jail pending further court order.
Chelsea Ngirakesiil was sentence in June 2020 for the death of husband to 10 years-probation and 2-years imprisonment. Her sentencing went into effect on June 26, 2020.