FILED L CLERK OF OF COURT coo l 202~ AUG 2021, Aus2828PH PH4:L: 38 2 SUPERIOR QQUQT smpERloR COURT 3 OF GU OFGUAM~M 4
6 IN THE SUPERIOR COURT OF GUAM 7 PEOPLE OF GUAM, Criminal CriminalCase CaseNo. No.CM0415-23 CM0415-23 8 v. 9 DECISION AND ORDER 10 10 CHRISTIAN RICK ADA, DOB: 05/14/2005 11 11 Defendant. 12 12
13 INTRODUCTION 14 14 This matter came before matter came before the the Honorable Honorable Vernon Vernon P. P. Perez Perez on May 29, 29, 2024, 2024, for for aa hearing hearing on 15 15 Defendant ChristianRick Defendant Christian RickAda's Ada's ("Defendant") ("Defendant") Motion to Dismiss Dismiss for Lack Lack of ofProbable Probable Cause. Cause. 16 Assistant Attorney 16 Assistant Attorney General General Leah Leah Diaz-Aguon Diaz-Aguon represents representsthe thePeople Peopleof of Guam Guam("The ("The People"), and and 17 Assistant Alternate 17 Assistant Alternate Public Public Defender Defender Theresa Theresa C. C. Dunphy Dunphy represents represents Defendant. Having duly Defendant. Having duly 18 18 considered the parties' considered the parties' briefs, briefs, oral arguments, and the arguments, and the applicable applicable law, the the Court Court now now issues issues the the 19 following 19 following Decision Decision and Order Order and andDENYING Defendant's Motion DENYING Defendant's Motion to to Dismiss. Dismiss. 20 BACKGROUND 21 On On December December 13, 13, 2023, 2023, Defendant Defendant appeared appeared before before the the Honorable HonorableMagistrate MagistrateJudge JudgeJonathan Jonathan 22 R.R.Quan Quanfor fora aMagistrate's Magistrate'sHearing. Hearing.The ThePeople Peoplecharged chargedthe the Defendant Defendant with with Disorderly Conduct (As (As
23 a Petty Misdemeanor), a Petty Misdemeanor),ininviolation violationofoff G.C.A §§ 6] 9 G.C.A .l5(a)(l) and 61.15(a)(l) and(c).1 (c). 1(Magistrate's (Magistrate's Comal., Compl., Dec. Dec. 13, 13, 24 2023). This This charge charge stems from allegations that that on on or or about aboutDecember December 11, ll, 2023, 2023, the the Defendant Defendant saw 25 Kasuta (Kasuta) Attshawn Kasuta (Kasuta) and and Bernett Barratt Ringlen Ringlen (Ringlen) about to fight at about to at John F. Kennedy John F. Kennedy High
26 26 I f - - - - - - - - - - - - 1! The The People People charged chargedDefendant's Defendant's coactor cofactorAttshawn AttshawnKasuta Kasuta(aka (akaAtt Att Shawn ShawnKasuta) Kasuta)with with Assault (As a 27 27 Misdemeanor), isdemeanor), in violation of in violation of9 9 GCA GCA §§ 19.30 (a)(l) and 19.30 (a)(l) (As aa Petty Conduct (As Disorderly Conduct and Disorderly Petty Misdemeanor) Misdemeanor) in in violation violation of of 9 9 GCA GCA §§ 61.15 (a)(l) and 61.15 (a)(l) (c). and (c). 28 People of Guam v. Ada Case No. CM0415-23 Decision ecision and and Order
Page I1of off4 I1 School in Tamuning, Guam. in Tamuning, Guam. (Deel. (Decl. ofRenaida Renaida Z. San Nicolas, Nicolas, Magistrate's Magistrate's Con Compl., Dec. 13, 13, 2023).
2 The Defendant Defendant then saw Kasuta and and Ringlen Ringlen on the ground and and other other students studentsjumping jumpingin. in.Id Id The
3 Defendant joined in and Defendant joined and tried tried to to pull pull Ringlen off offthe the ground. ground. Id IdThe TheDefendant Defendantthen thenpunched punched
4 someone but could could not not identify punched. Id identify who he punched. Id
5 On On April April 16, 16, 2024, 2024, the Defendant Defendant filed filed aa Motion Motion to to Dismiss for for Lack of of Probable Probable Cause. Cause. The
6 Defendant Defendant argues that under argues that under88G.C.A. G.C.A. §§ 15.20 15.20 and and 45.20(b) 45.20(b) this this matter matter should be dismissed should be dismissed for for lack lack
7 of ofprobable cause. See generally, Mot. to probable cause.See to Dismiss, Dismiss, Apr. Apr. 16, 16, 2024. 2024. The People People filed filed an an Opposition Opposition on on
8 May May 6, 6, 2024, 2024, arguing arguing that that the the Defendant's motion is Defendant's motion is not not allowable allowable under under 88 G.C.A G.C.A §65.15. §65.15.
9 See generally, 9 See generally, Opp., May 6, 6, 2024. 2024. The The Defendant Defendant filed filed aa Reply Reply on on May May9,9,2024, 2024,arguing arguing that that the the
10 10 People People failed failed to to tile file aa timely timely opposition, opposition, aa motion motion to to dismiss dismiss for for lack lack of ofprobable probable cause cause is allowable
ll 11 under 88 G.C.A under G.C.A §65. §65.15(d), and and that that the the People's statement of People's statement factual and offactual and procedural procedural history history is is
12 See generally, Reply, May 12 incorrect. See May 9, 9, 2024. 2024.
13 13 Court held The Court hearing on May held a hearing May 29, 29, 2024. 2024. After Afterhearing hearingthe the arguments arguments of ofthe the parties, parties, the the
14 14 Court Court took took the the matter* underadvisement. matter under advisement. .
15 15 DISCUSSION 16 16
17 17 I. IT HAS BEEN PREVIOUSLY ESTABLISHED THAT THERE EXISTS PROBABLE CAUSE REGARDING THE CHARGE SPECIFIED IN THE COMPLAINT. 18 18 19 8 8 G.C.A. G.C.A. §§45.20(a) 45.20(a)states statesthat that "where "whereaaperson personisisarrested arrested without without aa warrant, warrant, at or before at or before the the 19 imehe 20 time heisisbrought broughtbefore beforethe thecourt courtpursuant to §§ 45. pursuant to 10, the 45 .10, the prosecuting prosecuting attorney attorney shall shall file file aa complaint complaint 20 21 which hichsatisfies satisfies the the requirements of 15.10 requirements of§ 15.10 and and affidavits affidavits showing showingprobable probable cause cause to to believe believe that that an an 21 22 offense ffensehas has been been committed committed and and that that the the defendant has has committed committed it." it." On On December December 13, 13, 2023, 2023, the the 22 23 Defendant Defendant appeared appeared before the the Honorable Honorable Magistrate Magistrate Judge Judge Jonathan R. Quan Jonathan R. Quan for for a Magistrate's Magistrate's 23 24 Hearing. earing. At Atthat that hearing hearing the the People People charged charged the the Defendant Defendant with Disorderly Disorderly ConduCt (As a Petty Conduct (As Petty 24 25 Misdemeanor) isdemeanor)ininviolation violationofof99G.C.A G.C.A§61 . 15(a)(1) and §61.15(a)(l) and(c). (c).Magistrate MagistrateJudge JudgeQuan Quandetennined determined that that 25 26 probable robablecause cause existed existed regarding regarding the the charge specified in charge specified in the complaint pursuant the complaint pursuanttoto88GG.C.A. §45.20(b). .C.A. §45 .20(b). 26 27 The heDefendant Defendantwas wasreleased released with with conditions conditions and and an arraignment arraignment was was set setfor forDecember December20, 20,2023. 2023. The 27
28 People of ofGuam v.v. Ada Case No. CM0415-23 ase No. cm0415-23 Decision ecision and and Order
Page 2 of4 1I Defendant efendantargues argues that that there there isis no no probable probable cause cause to support complaint. Id However, support the complaint. However, Magistrate Magistrate 2 Judge udgeQuan Quanhad had previously previously determined determinedthat that the the declaration declaration showed showed probable probable cause cause that that the offense of of 3 Disorderly Disorderly Conduct Conduct (As a Petty Petty Misdemeanor) Misdemeanor) had been been committed committed and and that that the the Defendant Defendant had had
committed it. 4 committed it. 5 5 II.
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FILED L CLERK OF OF COURT coo l 202~ AUG 2021, Aus2828PH PH4:L: 38 2 SUPERIOR QQUQT smpERloR COURT 3 OF GU OFGUAM~M 4
6 IN THE SUPERIOR COURT OF GUAM 7 PEOPLE OF GUAM, Criminal CriminalCase CaseNo. No.CM0415-23 CM0415-23 8 v. 9 DECISION AND ORDER 10 10 CHRISTIAN RICK ADA, DOB: 05/14/2005 11 11 Defendant. 12 12
13 INTRODUCTION 14 14 This matter came before matter came before the the Honorable Honorable Vernon Vernon P. P. Perez Perez on May 29, 29, 2024, 2024, for for aa hearing hearing on 15 15 Defendant ChristianRick Defendant Christian RickAda's Ada's ("Defendant") ("Defendant") Motion to Dismiss Dismiss for Lack Lack of ofProbable Probable Cause. Cause. 16 Assistant Attorney 16 Assistant Attorney General General Leah Leah Diaz-Aguon Diaz-Aguon represents representsthe thePeople Peopleof of Guam Guam("The ("The People"), and and 17 Assistant Alternate 17 Assistant Alternate Public Public Defender Defender Theresa Theresa C. C. Dunphy Dunphy represents represents Defendant. Having duly Defendant. Having duly 18 18 considered the parties' considered the parties' briefs, briefs, oral arguments, and the arguments, and the applicable applicable law, the the Court Court now now issues issues the the 19 following 19 following Decision Decision and Order Order and andDENYING Defendant's Motion DENYING Defendant's Motion to to Dismiss. Dismiss. 20 BACKGROUND 21 On On December December 13, 13, 2023, 2023, Defendant Defendant appeared appeared before before the the Honorable HonorableMagistrate MagistrateJudge JudgeJonathan Jonathan 22 R.R.Quan Quanfor fora aMagistrate's Magistrate'sHearing. Hearing.The ThePeople Peoplecharged chargedthe the Defendant Defendant with with Disorderly Conduct (As (As
23 a Petty Misdemeanor), a Petty Misdemeanor),ininviolation violationofoff G.C.A §§ 6] 9 G.C.A .l5(a)(l) and 61.15(a)(l) and(c).1 (c). 1(Magistrate's (Magistrate's Comal., Compl., Dec. Dec. 13, 13, 24 2023). This This charge charge stems from allegations that that on on or or about aboutDecember December 11, ll, 2023, 2023, the the Defendant Defendant saw 25 Kasuta (Kasuta) Attshawn Kasuta (Kasuta) and and Bernett Barratt Ringlen Ringlen (Ringlen) about to fight at about to at John F. Kennedy John F. Kennedy High
26 26 I f - - - - - - - - - - - - 1! The The People People charged chargedDefendant's Defendant's coactor cofactorAttshawn AttshawnKasuta Kasuta(aka (akaAtt Att Shawn ShawnKasuta) Kasuta)with with Assault (As a 27 27 Misdemeanor), isdemeanor), in violation of in violation of9 9 GCA GCA §§ 19.30 (a)(l) and 19.30 (a)(l) (As aa Petty Conduct (As Disorderly Conduct and Disorderly Petty Misdemeanor) Misdemeanor) in in violation violation of of 9 9 GCA GCA §§ 61.15 (a)(l) and 61.15 (a)(l) (c). and (c). 28 People of Guam v. Ada Case No. CM0415-23 Decision ecision and and Order
Page I1of off4 I1 School in Tamuning, Guam. in Tamuning, Guam. (Deel. (Decl. ofRenaida Renaida Z. San Nicolas, Nicolas, Magistrate's Magistrate's Con Compl., Dec. 13, 13, 2023).
2 The Defendant Defendant then saw Kasuta and and Ringlen Ringlen on the ground and and other other students studentsjumping jumpingin. in.Id Id The
3 Defendant joined in and Defendant joined and tried tried to to pull pull Ringlen off offthe the ground. ground. Id IdThe TheDefendant Defendantthen thenpunched punched
4 someone but could could not not identify punched. Id identify who he punched. Id
5 On On April April 16, 16, 2024, 2024, the Defendant Defendant filed filed aa Motion Motion to to Dismiss for for Lack of of Probable Probable Cause. Cause. The
6 Defendant Defendant argues that under argues that under88G.C.A. G.C.A. §§ 15.20 15.20 and and 45.20(b) 45.20(b) this this matter matter should be dismissed should be dismissed for for lack lack
7 of ofprobable cause. See generally, Mot. to probable cause.See to Dismiss, Dismiss, Apr. Apr. 16, 16, 2024. 2024. The People People filed filed an an Opposition Opposition on on
8 May May 6, 6, 2024, 2024, arguing arguing that that the the Defendant's motion is Defendant's motion is not not allowable allowable under under 88 G.C.A G.C.A §65.15. §65.15.
9 See generally, 9 See generally, Opp., May 6, 6, 2024. 2024. The The Defendant Defendant filed filed aa Reply Reply on on May May9,9,2024, 2024,arguing arguing that that the the
10 10 People People failed failed to to tile file aa timely timely opposition, opposition, aa motion motion to to dismiss dismiss for for lack lack of ofprobable probable cause cause is allowable
ll 11 under 88 G.C.A under G.C.A §65. §65.15(d), and and that that the the People's statement of People's statement factual and offactual and procedural procedural history history is is
12 See generally, Reply, May 12 incorrect. See May 9, 9, 2024. 2024.
13 13 Court held The Court hearing on May held a hearing May 29, 29, 2024. 2024. After Afterhearing hearingthe the arguments arguments of ofthe the parties, parties, the the
14 14 Court Court took took the the matter* underadvisement. matter under advisement. .
15 15 DISCUSSION 16 16
17 17 I. IT HAS BEEN PREVIOUSLY ESTABLISHED THAT THERE EXISTS PROBABLE CAUSE REGARDING THE CHARGE SPECIFIED IN THE COMPLAINT. 18 18 19 8 8 G.C.A. G.C.A. §§45.20(a) 45.20(a)states statesthat that "where "whereaaperson personisisarrested arrested without without aa warrant, warrant, at or before at or before the the 19 imehe 20 time heisisbrought broughtbefore beforethe thecourt courtpursuant to §§ 45. pursuant to 10, the 45 .10, the prosecuting prosecuting attorney attorney shall shall file file aa complaint complaint 20 21 which hichsatisfies satisfies the the requirements of 15.10 requirements of§ 15.10 and and affidavits affidavits showing showingprobable probable cause cause to to believe believe that that an an 21 22 offense ffensehas has been been committed committed and and that that the the defendant has has committed committed it." it." On On December December 13, 13, 2023, 2023, the the 22 23 Defendant Defendant appeared appeared before the the Honorable Honorable Magistrate Magistrate Judge Judge Jonathan R. Quan Jonathan R. Quan for for a Magistrate's Magistrate's 23 24 Hearing. earing. At Atthat that hearing hearing the the People People charged charged the the Defendant Defendant with Disorderly Disorderly ConduCt (As a Petty Conduct (As Petty 24 25 Misdemeanor) isdemeanor)ininviolation violationofof99G.C.A G.C.A§61 . 15(a)(1) and §61.15(a)(l) and(c). (c).Magistrate MagistrateJudge JudgeQuan Quandetennined determined that that 25 26 probable robablecause cause existed existed regarding regarding the the charge specified in charge specified in the complaint pursuant the complaint pursuanttoto88GG.C.A. §45.20(b). .C.A. §45 .20(b). 26 27 The heDefendant Defendantwas wasreleased released with with conditions conditions and and an arraignment arraignment was was set setfor forDecember December20, 20,2023. 2023. The 27
28 People of ofGuam v.v. Ada Case No. CM0415-23 ase No. cm0415-23 Decision ecision and and Order
Page 2 of4 1I Defendant efendantargues argues that that there there isis no no probable probable cause cause to support complaint. Id However, support the complaint. However, Magistrate Magistrate 2 Judge udgeQuan Quanhad had previously previously determined determinedthat that the the declaration declaration showed showed probable probable cause cause that that the offense of of 3 Disorderly Disorderly Conduct Conduct (As a Petty Petty Misdemeanor) Misdemeanor) had been been committed committed and and that that the the Defendant Defendant had had
committed it. 4 committed it. 5 5 II. THE THE PEOPLE'S PEOPLE'S COMPLAINT COMPLAINT AND DECLARATION DOES AND DECLARATION NOT LACK DOES NOT SPECIFICITY SPECIFICITY AND AND DOES DOES STATE AN OFFENSE. OFFENSE. 6 8 G.C.A. G.C.A. §§65.15(b) 65. lS(b)allows allowsfor fordefenses defensesand andobjections objectionsbased based on ondefects defects in inthe the indictment, indictment, 7
information, ororcomplaint. 8 information, complaint. The The Defendant Defendant argues argues that that the the People's People's complaint complaint and and declaration declaration is is
defectivebecause 9 defective becauseititlacks lacksspecificity specificity and and fails fails toto state state an an offense. offense. See Reply, May See Reply, May 9, 9, 2024. 2024. For a 10 complaint and declaration to be defective it must not specify, define, or allege unlawful conduct and 10 complaint 11 elementsofofthe 11 elements the offense. offense. Ex parte Munoz, Munoz, 657 S.W.2d 105 (Tex. Crim. App. 1983). The complaint 12 allegesthe 13 alleges the following: following: 13
14 14 Charge Three
th 15 15 On or about the l11ltd day of day of December, December, 2023, 2023, the the Defendant Defendant diddid commit the offense of Disorderly Conduct (As a Petty Misdemeanor), in in that he did recklessly recklessly create create a risk of of 16 16 public inconvenience, annoyance or or alarm by engaging engaging inin fighting fighting or or threatening, or in violent violent or or tumultuous tumultuous behavior, behavior, in in violation violationofof99G.C.A. G.C.A.§6l§61.. 15(a)(1) and (c). l 5(a)(l) and (c). 17 17
18 (Magistrate's 18 (Magistrate's Con Compl., Dec. 13, pl., Dec. 13, 2023).
19 19 The People's People's complaint complaint and and declaration declaration specifies specifies and and defines defines that the Defendant allegedly allegedly 20 20 did didcommit commithe theoffense offenseofofDisorderly DisorderlyConduct Conduct(As (AsaaPetty PettyMisdemeanor), Misdemeanor), in in that that he he did did recklessly recklessly 21 createa arisk 22 create riskofofpublic publicinconvenience, inconvenience,annoyance annoyanceororalarm alarm by by engaging engagingininfighting fighting or or threatening, threatening, or 22 23 in violent or tumultuous behavior. behavior. Therefore, Therefore, the the People's People's complaint complaint and declaration is not defective 23 24 24 pursuant pursuanttoto 88 G.C.A. G.C.A. §§ 65.15(b). 65.l5(b).
25 111. III. THE DISREGARD OF OF UNTIMELY UNTIMELY FILED FILED OPPOSITIONS OPPOSITIONS DOES DOES NOT REQUIRE A COURT COURT TOTO AUTOMACITCALLY GRANT THE AUTOMACITCALL Y GRANT THE MOTION MOTION AND AND IS NOT NOT 26 26 DISPOSITIVE OFTHE DISPOSTIVE OF THEMOTION MOTION ITSELF. 27
28 People of ofGuam v. Ada Case No. cM0415-23 CM0415-23 Decision ecision and and Order
Page 3 of 4 11 Defendant requests The Defendant that the requests that Court strike the Court the People's strike the Opposition and People's Opposition not consider and not its consider its
22 arguments Reply, May 9, 2024. The disregard of filing aa timely opposition. See, Reply, not tiling People not the People to the dueto argumentsdue of 3 3 untimely filed papers does not the motion. Quitugua v. not require a court to automatically grant the v. Flores, Flores, 4 4 2004 Guam 19. 19. "The court analyze the merits of the motion court has a duty to analyze before rendering motion before its rendering its 5 6 decision." Id.Therefore, decision."Id People'suntimely thePeople's Therefore,the oppositionisis not untimelyopposition dispositive of not dispositive Defendant's motion of the Defendant's 6 7 toodismiss, dismiss, and and this this Court Court has to analyze the merits of duty to has the duty motion before it. of the motion
10 CONCLUSION
11 11 For the reasons stated above, the Court DENIES Defendant's Defendant's Motion Motion to to Dismiss. . * "/f 12 12 »; 13 13 f /I .•-
14 14 IT IS IS S0 SO ORDERED ORDEREDthis this • . 0% /zelzql . ,<
I 15 15 HONORABLE HONORABLEvE;§N91\;13,.pEREz VER~{?~_f_. PEREZ 16 16 Judge, Superior Coul't.:6f CourtofGuamGuam 17 17
18 18
19 19
28 People of of Guam v. Ada Case No. No. CM0415-23 cm0415-23 Decision Decision and Order
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