Charges are refiled against suspect in cabbie slaying

Posted: Friday, July 08, 2005

ANCHORAGE - Charges of second-degree murder and robbery have been dismissed against one of two defendants in a Barrow homicide.

But prosecutors have recharged Dominick Lozano, 19, with the lesser offenses of manslaughter and second-degree robbery, his lawyer said.

Attorney Tom Temple of Fairbanks said there is no evidence of his client's involvement.

"I think it's a matter of saving face, of cleaning egg off face, is a better way of putting it," Temple said of the new charges.

Barrow district attorney Sara Simpson did not return a phone call Thursday afternoon.

Lozano is charged in the death Nov. 17 of Sangkhom "Sam" Promdongloi, a Barrow taxi driver.

North Slope police in December arrested Lozano and Phillip G. Burnell, 20.

Promdongloi, 33, a native of Thailand, was found slumped over outside his car near an apartment building.

Police found a .44-caliber handgun believed to have been used in the shooting under Burnell's mattress at his home in Barrow.

Temple, a former prosecutor in Barrow, said there are flaws in the case against Lozano.

"Essentially, it appears that Dominick was indicted solely on rumors and town gossip," he said.

A North Slope police sergeant testified to the grand jury that a witness, Romelito Nobleza, had said Lozano and Burnell visited him at his home shortly after the crime.

The officer attributed statements to Nobleza that Nobleza did not make, Temple said. The sergeant relayed the information to the grand jury even though Nobleza was available to testify, Temple said.

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