People of Guam v. Jared John Santos

2025 Guam 15
CourtSupreme Court of Guam
DecidedDecember 30, 2025
DocketCRA23-015
StatusPublished

This text of 2025 Guam 15 (People of Guam v. Jared John Santos) is published on Counsel Stack Legal Research, covering Supreme Court of Guam primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People of Guam v. Jared John Santos, 2025 Guam 15 (guam 2025).

Opinion

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM, Plaintiff-Appellee,

v.

JARED JOHN SANTOS, Defendant-Appellant.

Supreme Court Case No. CRA23-015 Superior Court Case No. CF0731-18

OPINION

Appeal from the Superior Court of Guam Argued and submitted on October 23, 2024 Via Zoom video conference

Appearing for Defendant-Appellant: Appearing for Plaintiff-Appellee: Braddock J. Huesman, Esq. Nathan M. Tennyson, Esq. Razzano, Walsh & Torres, P.C. Acting Deputy Attorney General (former) 138 Murray Blvd., Ste. 100 Office of the Attorney General Hagåtña, GU 96910 Appellate & Writing Division 134 W. Soledad Ave. Hagåtña, GU 96910 People v. Santos, 2025 Guam 15, Opinion Page 2 of 18

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; and KATHERINE A. MARAMAN, Associate Justice.

MARAMAN, J.:

[1] Defendant-Appellant Jared John Santos appeals his convictions for aggravated assault and

possessing a firearm without a license stemming from a drive-by shooting in Hågat. The sole issue

Santos raises on appeal relates to testimony about the contents of a security video purportedly

showing events that led up to the shooting. The original video was never obtained by the

government, and the only duplicate was destroyed by the investigating officer before trial.

[2] Santos argues that the Superior Court violated Guam Rule of Evidence (“GRE”) 1002

(often called the “best evidence rule”) when it allowed two police officers to testify about the

contents of the security video despite their failure to obtain the original and the destruction of the

only duplicate. Santos further argues that although GRE 1004 provides an exception to the best

evidence rule when the original is lost or destroyed, that exception does not apply to cases like

this, where the proponent allegedly acted in bad faith. The People contend this issue was not

preserved because “defense counsel did not articulate a specific objection to the admission of

testimony regarding the unavailable surveillance footage.” Appellee’s Br. at 12 (July 3, 2024)

(emphasis omitted).

[3] We hold that the issue was preserved because there is sufficient context to identify the best

evidence rule as the basis of Santos’s objection at trial. However, we conclude that the trial court

did not abuse its discretion in overruling Santos’s objection to the officers’ testimony. The

challenged testimony was admissible under GRE 1004(1) because the original was destroyed by a

third party—not the government. Because there is no hierarchy of secondary evidence, the

officers’ testimony regarding the video’s content did not violate the best evidence rule. Any People v. Santos, 2025 Guam 15, Opinion Page 3 of 18

potential error in allowing the officers to testify—despite their negligence or lack of diligence—

was cured by the adverse inference instruction given to the jury.

[4] We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

1. The argument and subsequent shooting in Hågat

[5] Santos was charged with attempted murder, possession of a firearm, and aggravated assault

for shooting Pedo Peredo in a drive-by shooting in Hågat.1 Prior to the shooting, a brief verbal

argument occurred at a gas station between the occupants of Peredo’s and Santos’s vehicles, which

was captured by security cameras.

[6] In the early morning of December 7, 2018, Peredo and two passengers arrived at the Hågat

Mobil gas station in a yellow Mitsubishi Montero. Peredo was driving and planned to refuel the

vehicle before picking up his sister from work. While Peredo was pumping gas, a dark blue SUV

pulled into the gas station. Although there are conflicting details from the prosecution’s witnesses,

they generally agreed that the two passengers of Peredo’s vehicle got into a verbal argument with

the two occupants of the SUV. Santos was identified as the passenger in the blue SUV. After the

argument, the blue SUV pulled out of the gas station.

[7] Peredo then pulled out of the gas station and began driving back to his uncle’s apartment,

when his sister called him. Because his sister worked in the opposite direction, Peredo made a U-

turn, then for some reason, Peredo parked on the side of the road. Witnesses testified that after

Peredo made the U-turn and parked, the blue SUV from the gas station pulled up alongside, and

1 Specifically, Santos was indicted for Attempted Murder (as a First Degree Felony), Aggravated Assault (as a Second Degree Felony), Aggravated Assault (as a Third Degree Felony), three corresponding special allegations for use of a deadly weapon in the commission of a felony, and Possession of a Firearm Without a Valid Firearms Identification Card (as a Third Degree Felony). People v. Santos, 2025 Guam 15, Opinion Page 4 of 18

the passenger of the blue SUV fired a shot from a rifle that hit Peredo in the abdomen. An occupant

in Peredo’s vehicle testified that he saw Santos through the SUV’s open passenger window.

2. The investigation

[8] Part of the incident at the Hågat Mobil was captured by closed-circuit security cameras.

The gas station’s surveillance system was managed by Secure Safe, a security company.

According to Mobil’s territorial manager, only Secure Safe personnel are authorized to extract and

download footage from the surveillance system. The system automatically deletes footage after a

specified period. It is undisputed that although several Guam Police Department (“GPD”) officers

had reviewed the surveillance video, the government never obtained the footage before it was

automatically deleted.

[9] GPD Detective Ricky James S. Camacho testified about viewing the security footage as

part of his investigation. Detective Camacho revealed that he had recorded a “working copy” of

the footage using his personal phone. Transcript (“Tr.”) at 62 (Jury Trial, Jan. 12, 2021). Detective

Camacho testified that he had deleted the recording from his phone at the close of his investigation,

before he learned that the security footage was not retrievable from the surveillance system.

Despite following up with the manager of Hågat Mobil “three or four times,” Officer Camacho

admitted that it was ultimately his fault for failing to retrieve the security footage. Id. at 56-57; Tr.

at 19 (Jury Trial, Jan. 13, 2021). GPD Officer Joshua Togawa also testified about reviewing the

security footage as part of his investigation. The footage reportedly showed Peredo’s yellow

vehicle arriving at the station at 12:20 AM. Shortly after that, a blue SUV arrived. Officer Togawa

testified that the video showed an interaction between the parties which he interpreted as an

argument. People v. Santos, 2025 Guam 15, Opinion Page 5 of 18

B. Procedural History

[10] Santos was tried jointly with a co-defendant, who was alleged to have been the driver of

the blue SUV. Santos’s attorney mentioned the missing surveillance video during voir dire of

potential jurors. Before opening statements, while the parties and trial court were addressing

several evidentiary matters, the prosecutor raised the best evidence rule:

The next thing though, Your Honor, is I wanted to bring this up now while the jury’s not in here. So there is, obviously [defense counsel] voir dired on this, the lost surveillance.

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