2 2521; SE? 16 pa# 3: BE 3 S?;3?§§RiGF' mum 4 &KEAM 5
6 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM 7
8 PEOPLE OF GUAM, CRIMINAL CRIMINAL CASE NO. NO. CF0427-24 CF0427-24 9 9 vs. 10 DECISION DECISION AND ORDER 11 ETHAN ETHAN JARRED AGUERO AGUERO 12 VICENTE TREVOR AGUERO AGUERO KAWAII'LEI AII'LEI MENDIOLA, 13
14 Defendants. Defendants.
15 15 INTRODUCTION 16 This matter This matter came before the came before theHonorable Honorable Vernon Vernon P. Perez on August August 30, 2024, for hearing 17 17 on Defendant Defendant VICENTE TREVOR TREVOR AGUERO's AGUERO's ("Vicente") ("Vicente") Motion Motion to to Sever Case for Sever Case for Trial Trial 18 18 ("Motion ("Motionto to Sever"). Sever"). Present Presentwere were Assistant Assistant Attorney Attorney General Leah Diaz-Aguon Diaz-Aguon on on behalf behalf of of the 19 19 People People of ofGuam Guam ("the Government"), Defendant DefendantVicente Vicente with counsel, Heather M. M. Quitugua, Co- 20 20 Defendant Ethan Jarred Defendant Ethan Jarred Aguero Aguero ("Ethan") ("Ethan") with counsel, Assistant Alternate counsel, Assistant Alternate Public Defender Defender 21 Tyler Tyler Scott, andCo-Defendant Scott, and Co-DefendantKawaii'Lei Kawaii'Lei Mendiola Mendiola ("Mendiola") ("Mendiola") with with counsel, Public counsel, Deputy Public 22 22 Defender Defender John John P. P. Mon*ison. Morrison. Having Havingreviewed reviewedthe thepleadings, pleadings,the thearguments argumentspresented, presented, and and the 23 record, Court now record, the Court now issues issuesthe thefollowing following Decision Decision and and Order. 24 BACKGROUND 25 25 On On July July 2, 2, 2024, 2024, Vicente Vicente was was indicted indicted with with the the following following charges: (1) Burglary charges: (1) Burglary (As a 26 26 Second Degree DegreeFelony) Felony) and and(2) (2)Criminal CriminalMischief Mischief (As Misdemeanor). 1 The Indictment also (As aa Misdemeanor).l 27
28 '1These Thesecharges chargesare arereflected reflectedininthe theIndictment Indictment as as Charges Four and Charges Four andFive. Five.
People v. v. Aguero, Aguero, et al. al, Case No. CF0427-24 Case No. CF0427-24 Decision Decision and Order
Page Page l1 oofS 5 1 charges Co-Defendant Co-Defendant Ethan Ethan with with (1) Burglary (As a Second Degree Felony); Felony), (2) Terrorizing (As
2 Degree Felony) with attached Special Allegation: a Third Degree Allegation: Possession or Use of a Deadly Deadly Weapon Weapon
3 Commission of in the Commission ofaa Felony, Felony; and and (3) (3) Assault Assault on on aa PeaCe Third Degree Peace Officer (As a Third Degree Felony)
4 with attached Special Allegation: Possession or Use of a Deadly Deadly Weapon Weapon in the the Commission Commission of of a 5 Felony,2 and Co-Defendant Felony;2 and Co-Defendant Mendiola Mendiola with with (1) (1) Burglary Burglary via via Complicity Complicity (As (As a Second Degree
6 Felony); (2) Felony), (2) Eluding a Police Officer (As a Misdemeanor), Misdemeanor); and (3) Reckless Conduct (As a 7 Misdemeanor). 3 Id Misdemeanor).3 Id These Thesecharges chargesstem stemfrom fromallegations allegationsthat thattwo twomales, males, later later identified identified as Ethan 8 and Vicente, forcibly entered entered Hyrule Hyrule Market Market in in Mangilao Mangilao in in the the early early hours hours of of June June 23, 2024, 2024; that that 9 they escaped in a dark colored sedan driven driven by by aa female female operator, operator, later later identified as Mendiola; Mendiola,
10 and that when police police tried tried to effectuate aa traffic stop, the vehicle vehicle drove off off at a high rate of speed 11 11 despite the patrol vehicles having their their lights and sirens initiated, and several gun shots were fired fired
12 12 from the vehicle while the police were pursuing it. it. (Decl. (Deel. of of Sean Sean Brown, Magistrate's Con Compl., 13 13 Jun. 24, 2024).
14 14 On July 25, 2024, 2024, Vicente Vicente filed filed the the instant instant Motion. Motion. The Government Government did did not not file a written 15 15 opposition but orally opposition but the Motion opposed the orally opposed Motion at at the the Motion Motion Hearing. Hearing. On On August August 30, 30, 2024, 2024, Co- Co- 16 16 Defendant Defendant Mendiola Mendiola orally joined the Motion orally joined Motion and and Co-Defendant Co-Defendant Ethan Ethan deferred deferred to the Court. 17 17 DISCUSSION 18 18 Under Under Guam law: 19 19 If it appears that aa defendant appears that defendant or or the the government government is is prejudiced prejudiced by by aa joinder jointer of of offenses or of defendants in an indictment or information information oror by by such such joinder jointer for 20 20 trial together, the court may order an election election or or separate separate trials of of counts, grant a 21 severance ofof defendants defendants or or provide provide whatever whateverother otherrelief reliefjustice justicerequires requires. 88 G.C.A. G.C.A. §§ 65.35 65.3544 (emphasis added). There is a general preference for joint trials of defendants (emphasis added). There is a general preference for joint trials of defendants 22
who are are indicted indicted together, together, as as joint joint trials trials serve serve aa number numberof ofpurposes purposes: 23 23
25 2 2 These Thesecharges charges are are reflected reflectedin inthe the Indictment Indictment as as Charges One, One, Two, Two, and Three. and Three. 26 3 These charges are reflected in the Indictment as Charges 3 These charges are reflected in the Indictment as Six, Seven, and Eight. and Eight. 27 4 Section 65.35mirrors Section 65.35 mirrorsRule Rule14(a) 14(a)of ofthe theFederal FederalRules ofCriminal Rulesof Procedure.See CriminalProcedure. See88G.C.A. G.C.A. §§ 65.35, 65.35,Note. Note. Rule Rule 28 l4(a) 14(a) provides: provides:
People v. Aguero, et al. v. Aguero, al. Case No. No. CF0427-24 Decision Decision and and Order
Page 5 Page 2 ofS 1 It It would would impair impair both both the efficiency efficiencyand and the the fairness fairness of ofthe the criminal criminal justice system system to require, require, in all these these cases ofofjoint jointcrimes crimes where where incriminating incriminating statements statements exist, 2 that prosecutors bring that prosecutors bring separate separate proceedings, proceedings, presenting presenting the the same same evidence evidence again 3 and and again, again, requiring requiring victims and and witnesses witnesses to repeat repeat the the inconvenience inconvenience (and (and sometimes trauma) trauma) ofof testifying, testifying, and and randomly randomly favoring favoringthethelast-tried last-trieddefendants defendants 4 who have the advantage advantage of of knowing the prosecution's case beforehand. beforehand. Joint Joint trials 5 generally generally serve serve thethe interests interests of justice justice by by avoiding avoidinginconsistent inconsistent verdicts verdicts and and 6 enabling enabling more accurate accurate assessment assessment of relative relative culpability-advantages culpability-advantages which which sometimes operate to sometimes operate to the the defendant's defendant's benefit. benefit. Even Even apart apart from from these these tactical tactical 7 considerations, joint trials considerations, joint trials generally generally serve serve the the interests interestsof of justice justice by by avoiding the the 8 scandal andinequity scandal and inequity of of inconsistent verdicts.
9 Richardson v. v. Marsh, Marsh, 481 U.S.200, 210 (1987). 200,210 (1987). The Thetrial trialcourt courthas has great great discretion discretion when when ruling 10 10 on a motion to sever. Zafiro v. v. United UnitedStates, States, 506 U.S. 534, 534, 538-39 (1993) ("Rule 538-39 (1993) ("Rule 14 14 does does not 11 11 require severanceeven require severance prejudice is if prejudice even if is shown; shown, rather ratherititleaves leavesthe thetailoring tailoringof of the the relief relief to be
12 12 granted, if granted, if any, the district any, to the district court's court's sound sounddiscretion."). discretion."). Prejudice Prejudice may may be be resolved resolvedthrough through the
13 13 use of aa limiting use of limitingjury juryinstruction instructionorortaking takingless lessdrastic drasticmeasures measures other otherthan than requiring requiring separate separate
14 14 trials. See Richardson, 481 trials. 481 U.S. at at 211.l. The TheCourt Courtmust must balance balance the the rights of ofthe the defendant defendant to a
15 15 fair trial absent prejudice, which absent prejudice, which may may result resultfrom from the thejoinder. jointer. United United States States v. v. Lewis, 787 F.2d 16 16 13 l8, 1321 1318, 1321 (9th Cir. 1986). The TheCourt Courtmust must grant severance severance whenjoinder when jointer would would create "a serious create "a 17 17 risk that that aajoint joint trial trial would compromise a specific trial trial right right of ofone one of ofthe thedefendants, defendants, or or prevent 18 18 the the jury from making aa reliable reliable judgment about about guilt or innocence." innocence." Zafiro, 506 U.S. at at 539. 539. '19 Severance of defendants Severance of defendants isis required required in in cases cases where where the the confession confession of of a non-testifying non-testifying co-
20 20 defendant implicates the defendant implicates the other defendant, as the defendant, as the defendant's defendant's constitutional right to confront constitutional right confront 21 witnesses against him him would would be be infringed. Briton Brutonv.v. United UnitedStates, States, 391 U.S. 123, 123, 133-36 (1968). 133-36 (1968). 22
23 (a) (a) RELIEF. RELIEF. If If the the jointer joinderofofoffenses offensesorordefendants defendants ininan anindictment, indictment, an an information, information, or or aa 24 consolidation consolidation for fortrial appears to prejudice a defendant or the government, trial appears to prejudice a defendant or the government, the court the court may order separate trials of separate trials of counts, sever the counts, sever the defendants' defendants' trials, trials, or or provide anyany other relief that other relief that justice justice 25 requires. requires. 26 As As such, such, the Court may may turntum toto federal case case law law interpreting interpreting thethe analogous analogous federal federal rules for guidance. guidance. See, See, e.g., e.g., Sumitomo itom oConstr. Constr.Co., Co.,Ltd. Ltd v. v. Zhong Ye, Inc., 1997 Ye, Inc., 1997 Guam 8 ,r 7 ("Generally, when 8117 ("Generally, when a legislature adopts a statute which 27 is identical or or similar similar to to one one inin effect anotherjurisdiction, effectininanother jurisdiction,ititisispresumed presumed that that the the adopting jurisdiction applies adopting jurisdiction applies the the construction placedon consmction placed onthe thestatute statute by by the the originating jurisdiction. This originating jurisdiction. This rule rule of ofconstruction construction is is useful useful in in helping helping the the 28 judiciary interpret interpret statutes adopted from federal acts."). statutes adopted from federal acts.").
v. Aguero, People v. Aguero, et al. al. Case No. CF0427-24 Case No. Decision Decision and and Order
Page 3 of5 1 Here, Here, Vicente Vicente argues argues severance severance is is required required because because "Defendants "Defendants Ethan Ethan Aguero and and 2 Kawaii'Lei 'Lei Mendiola Mendiolamade madevarious various extrajudicial extrajudicial statements implicating [him] statements implicating [him] in the the crimes crimes alleged alleged and 5 did not want to participate in the crimes." 3 and also made statements thatEthan statements that EthanAguero Aguero5 did not want to participate in the crimes." 4 4 (Mot. Sever Sever at 1). Vicente sets sets forth that "it "it appears the [G]overnment will seek appears the seek to to introduce introduce 5 statements of Mr. Vicente statements of Vicente Aguero's Aguero'sco-defendants co-defendantswhich whichname namehim himas as aa participant participant in in the crimes 6 and that alleged" and that"a "a limiting limiting instruction instructionwill ill not notsuffice sufficetotocure cure the the prejudice prejudice to [his] rights rights to 7 confront and and cross-examine witnesses against cross-examine witnesses against him him caused caused by by the the admission admission of incriminating incriminating 8 statements statements ororthe theconfession confessionofofa anon-testifying non-testifying co-defendant co-defendant at trial." at trial." Id.Idatat3.3. At At the Motion the Motion 9 Hearing, Co-Defendant Co-Defendant Mendiola Mendiolaalso alsoargued arguedthat thateach eachdefendant defendant made made inculpatory inculpatory statements statements 10 and acknowledged acts done by the co-defendants, thus thus requiring requiring severance for each defendant. defendant. 11 11 Although the the Court Court does does not not have have all all the the specific specificstatements statements each each defendant defendant made, made, the the 12 12 Declaration attached to the attached to the Magistrate's Complaint Complaint sets sets forth forth that that all all three three defendants defendants made made 13 13 certain statements statementsto topolice police after they were arrested: arrested: 14 14 Defendant Ethan was was interviewed interviewed about the burglary about the burglary and and shooting shooting and andtold told police police he was the the one who shot and and threw threw the the silver silver revolver revolver out out the window during during the 15 15 police chase. police chase. Defendant Defendant Ethan Ethan admitted that that he he took took the the gun gunfrom from his his cousin cousin while while 16 the cousin was sleeping along with extra bullets. Defendant Ethan indicated with extra bullets. Defendant Ethan indicated that the 16 bullets were .38 .38 caliber. caliber. Defendant DefendantEthan Ethan also stated he and stated that he andDefendant DefendantVicente Vicente 17 17 and Defendant and Defendant Mendiola Mendiola talked talked about about hitting hitting up up stores storesforfor money money prior to the the burglary. Defendant Ethan burglary. Defendant Ethantold told police police that they went to Hyrule that they Hyrule andand Defendant Defendant 18 18 Mendiola Mendiola parked parked the vehicle vehicle behind behind a bus bus stop stop while while Defendant Vicente Vicente broke the 19 19 front door door glass glass and and a padlock. Defendant Defendant Ethan said that thathe heand andDefendant DefendantVicente Vicente the store then entered the store and andstole stole cash cashand andother otheritems itemsbefore before all all leaving in in the same the 20 20 vehicle. Defendant Defendant Ethan Ethan said that that during during the the police police chase, chase, hehe shot shot at atthe thefront front of of the police car car to hit hit the the radiator and disable the and disable thevehicle. vehicle. 21 Defendant Vicente was was interviewed interviewedand and was was mostly mostlyconsistent consistent with with the the statement statement 22 made made by Defendant Ethan. Ethan. Defendant Vicente added added that that they took took phone phone cards cards 23 from within within the the store. store. Defendant Defendant Vicente Vicentealso alsoadded added that that he told told Defendant Defendant Ethan Ethan not to shoot the gun. gun. 24 Defendant Mendiola Mendiola was was interviewed interviewedand and told told police policethat that she she was aware Defendant 25 Ethan and andDefendant DefendantVicente Vicente were were messaging messaging each each other other about robbing to get get cash. 26 26
27 5 5 The Court Court is not sure if this is a typographical typographical error error and Defendant Defendant intended intended to state state that that "Vicente Aguero did "Vicente Aguero did not not the crimes" want to participate in the crimes" in light light of of what what is is set set forth forth in inthe theDeclaration Declarationattached attachedtotothe theMagistrate's Magistrate's Complaint Complaint 28 ("Defendant ("Defendant Mendiola admitted that Defendant Vicente was indicating he he did did not not want want to to do do the the robbery robbery..."). ...
People v. Aguero, et al. v. Aguero, al. Case No. No. CF0427-24 Decision Decision and Order
Page 4 ofS 5 Defendant Defendant Mendiola admitted that Defendant admitted that DefendantVicente Vicente was indicating he did not indicating he 1 want to do the robbery because because hehe was was scared scared whereby whereby Defendant Defendant Mendiola Mendiola told 2 him they need money and and itit would be a one-time thing. Defendant Mendiola Mendiola was 3 aware that Defendant aware that DefendantVicente Vicente had had aa backpack backpackwith with aa crowbar crowbar inin it when they planned to hit up planned to up the the stores. stores. Defendant Defendant Mendiola Mendiola stated stated that that she she ducked ducked down 4 during the cross fire and crashed crashedherhervehicle. vehicle. 5 (Decl. (Deel. of ofSean SeanBrown, Brown, Magistrate's Magistrate'sCon pl., Jun. Compl., Jun. 24, 24, 2024). 2024). In Inlight lightofofthese thesestatements, statements, the Court 6 finds severance severance appropriate appropriate pursuant pursuant to Briton Bruton as as to all three defendants defendantsand andtherefore thereforeGRANTS GRANTS 7 Vicente's Vicente's Motion Motion to to Sever Sever Case for for Trial. 8 CONCLUSION 9 For the the foregoing foregoing reasons, the Court reasons, the Court hereby hereby GRANTS GRANTS Defendant Vicente Aguero's Defendant Vicente 10 10 Motion Motion to to Sever Sever Case Case for for Trial. Trial. Defendant DefendantVicente VicenteAguero's Aguero'scase caseshall shallbe bedesignated designated hereafter hereafter II as Criminal Case No. CF0427-24-01. CF0427-24-01. Defendant Kawaii'Lei Mendiola's Defendant Kawaii'Lei Mendiola'scase case shall shall be be designed designed 12 12 hereafter as Criminal Case No. CF0427-24-02. CF0427-24-02. Defendant Ethan Aguero's Aguero's case case shall shall remain remain as as 13 1 originally identified, CF0427-24. CF0427-24. All All three three matters matters will will be be called called on on November November4, 4, 2024 2024 at at 9:30 14 14 a.m. At a.m. Atthat that time, time, parties parties should preparedto should be prepared discusswhich to discuss whichdefendant defendantwill will proceed proceed to to trial trial first. first. 15 15 Tl/\ 16 16 IT IS SO ORDERED ORDERED this \ ~1\Aday day of of September, September, 2024. 2024.
17 17
18 .n 19 19 HONORABLE HONORABLE VERNON VERNON p. P. PEREZ Judge, Judge, Superior Court of Guam Guam 20 20
24 SERVICE VIA EMAIL SERVICE VIA EMAIL II aclmowledge acknowledge thatthat an an electronic electronic copy copy ofof the the original 0riginaI.was e-mdjed to: was e-maiJed to: 25 * G,Aeo, pug, 26
27 \ l *¥%»--- Date9 4 '55 gr AW*9l\'U Pop 28 Dénwwémswam0°uf!0fGqim
People v. Aguero, et al. v. Aguero, Case No. No. CF0427-24 Decision Decision and and Order
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