I FILED SUPERIOR COURT 1 OF suAt-1
2 1 2gl9ApR 23 PH ll: Zh CLERKDFCOURT l 4 z 5 I BY=
IN THE SUPERIOR COURT OF GUAM 6 . we
7 PEOPLE OF GUAM CRIMINAL CASE NO.: CF0712-18
8 I vs. DECISION AND ORDER (Defendant Aguon's Motion to Sever) 9 10 i MANUEL EDWARD DUENAS AGUON, et 1 al. 11 DEFENDANTS.
12 |V 13 I I I
14 i INTRODUCTION 15 = T his matter came before the Honorable Anita A. Sukola on Manuel Edward Due fas 16 . Aguon's ("Aguon") Moti on ro Sev er. Attorney Randy Cunl i ffe repres ents Aguon. As s i s tant 17 A ttorney G eneral Matthew P hel ps repres ents the P eopl e of G uam ("P eopl e"). T he Court 18 | held a Motion Hearing on this issue on March 13, 2019. Upon review of the written arid oral 19 ' arguments, and legal authorities presented by the Parties, and for the reasons set out herein, 20 a the Court issues this decision and order G R A N T I N G A g u o n ' s M o t i o n .
21 . BACKGROUND 22 On or about November 3, 2018, a complaint was filed with the Guam Police
2 3 Q De p a rt m e n t (" G P D" ) o n b e h a l f o f W e e ra wa t T a n a n u s o n t (" T a n a n u s o n t " ) i n d i c a t i n g h i s
24 - hous e had been burgl ari z ed. Phel ps Dec l arati on. (Nov . 28, 2018). T ananus ont reported
25 . s ev eral i tems mi s s i ng from hi s res i denc e and l ater di s c ov ered that mul ti pl e trans ac ti ons 26 ! w e r e m a d e o n . h i s m i s s i n g F i d e l i t y V i s a c a r d t o t h e a m o u n t o f $ 2 , 1 6 8 . 0 0 . Upon
27 i investigating the burglary, GPD officers identified Emily Babauta ("Babauta") as a suspect 28 2
I CF0712-18, People v. Aguon, Er al. Page 1 of 5 Decision and Order Motion to Sever) I 1 and obtained a search warrant for her last known residence, which was executed on i
2 November 27, 2018. Q. The following is a description of the evidence gathered against the
3 i various defendants and the charges they are facing:
4 a. Manuel Edward Due fas Aguon.
5 Aguon was found within reach of a heat modified glass pipe stained with suspected
6 I me t ha mphe t a mi ne . & A pouc h a round Aguon's pe rson yi e l d e d t he d i sc ove ry of
7 I approximately two grams of suspected methamphetamine and several grams of suspected
8 | marijuana. Aguon is c ha rge d wi t h P OSSE SSION OF A SCHEDULE 11
9 CONTROLLED SUBSTANCE WITH INTENT TO DELIVER (As a First Degree Felony)
10 I and P OSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE (As a Third I 11. Degree Felony). Superseding Indictment (Feb. 1, 2019).
12 I I b. Emilv Babauta.
13 . While searching the residence, GPD officers discovered a purse containing
14 I Babauta's firearms ID card. Phelps Declaration. The purse, discovered in the room Babauta
15 | identified as her bedroom, also contained syringes and a bag containing suspected
16 :methamphetamine. The purse also contained a Fidelity Visa card with Tananusont's
17 g name on it and a receipt of a purchase made at an establishment identified by Tananusont
18 2 as a place where his card had fraudulently been used. Babita is charged with THEF1`
19 i BY RECEIVING (As a Second Degree Felony), P OSSESSION OF A SCHEDULE II
20 CONTROLLED SUBSTANCE (As a Third Degree Felony), FRAUDULENT USE OF A
21 CREDIT CARD (As a Third Degree Felony), and CONSPIRACY TO FRAUDULENT
22 I USE OF A CREDIT CARD (As a Third Degree Felony). Superseding Indictment.
23 c. Kala Joe Taitague.
24 I Upon searching the residence, GPD officers were informed that one of the rooms ! 25 was shared by Kal a Joe Tai tague ("Taitague") and Jesse Babauta Underwood
26 | ("Underwood"). In this room GPD officers discovered Taitague, Babita, a pouch
27 containing a digital scale, hand rolled cigarettes containing suspected marijuana, multiple
'CF0712-18, People v. Aguon, Er al. Page 2 off inDecision and Order (Motion to Sever) i I
I I 1 resealable baggies, approximately 5.6 grams of crystalline substance suspected to be
2 . methamphetamine, a glass bottle containing an unidentified liquid, and numerous syringes.
3 i Phelps Declaration. Taitague is charged with POSSESSION OF A SCHEDULE II
4 CONTROLLED SUBSTANCE (As a Third Degree Felony). Superseding Indictment.
5 d. Jesse Babita Underwood.
6 W hile searching the room identified as the bedroom of Underwood and Taitague,
7 the officers discovered a pouch containing a digital scale, hand rolled cigarettes containing I
8 suspected marijuana, multiple resealable baggies, approximately 5.6 grams of crystalline
9 1 substance suspected to be methamphetamine, a glass bottle containing an unidentified i
10 , liquid, and numerous syringes. Phelps Declaration. Babauta informed the officers that
ll Underwood has been taking over Taitague's drug dealing operation due to Taitague's
12 declining health. Underwood is charged with POSSESSION OF A SCHEDULE II
13 CONTROLLED SUBSTANCE WITH INTENT TO DELIVER (As a First Degree Felony)
14 and POSSESSION OF A SCHEDULE H CONTROLLED SUBSTANCE (As a Third
15 Degree Felony). Superseding Indictment.
16 i e. Edward Jinvuc Chong.
17 One of the allegedly fraudulent transactions involving Tananusont's Fidelity Visa
18 card occurred at Gangnarn Korean Restaurant. The owner of the restaurant identified
19 iBabauta and said she was accompanied by Edward Jinyuc Chong ("Chong") when she
20 visited the restaurant. Phelps Declaration. Upon his arrest for credit card fraud, Chong was I 21 found with methamphetamines on his person. Chong Mot. to Sever Mar. 27, 2019). Chong
22 is charged with POSSESSION OF A SCHEDULE 11 CONTROLLED SUBSTANCE (As a
23 . Third Degree Felony), FRAUDULENT USE OF A CREDIT CARD (As a Third Degree
24 Felony), and CONSPIRACY TO FRAUDULENT USE OF A CREDIT CARD (As a Third
25 : Degree Felony). Superseding Indictment.
26 i On February 25, 2019, Aguon filed a Motion to Extend Time for Filing Motions
27 and a Motion for Severance. Mot. to Extend, Mot. to Sever (Feb. 25, 2019). On March 18,
28 I
CF0712-18, People v. Aguon, et al. Page 3 of 5 Decision and Order (Motion to Sever) I
1 2019, Chong tiled his non-opposition ro Aguon's Motion to Sever. Chong Non-Opp'n
2 I: (Mar. 18, 2019). On March 26, 2019, Defendant Taitague filed her non-opposition to
3 | Aguon's Motion to Sever. Taitague Non-Opp'n (Mar. 26, 2019). The People did not file
4 either an opposition or notice of non-opposition ro Aguon's Motion to Sever. I 5 I DISCUSSION .
6 Aguon moves the Court for an order severing his trial from the trial of his co-
7 | defendants. Mot. for Severance at 1 (Feb. 25, 2019). Aguon argues that severance is proper
8 because the charges against him are based on different factual bases than the charges
9 against his co-defendants. LL at 4.
10 i I Guam law provides that two or more defendants may be charged in the same
11 indictment if they are alleged to.have participated in the same act or transaction or in the
12 i same series of acts or transactions constituting an offense or offenses. 8 G.C.A. § 55.35(b).
13 | Such defendants may be charged in one or more counts together or separately and all of the
14 Ia defendants need not be charged on each count. Guam law further provides that if it
15 appears that a defendant is prejudiced by joint trial with other defendants, the court may
16 order a separate trial of defendants, of counts in the charging instrument, or provide
17 | whatever reliefjustice requires. 8 G.C.A. § 65.35.
Free access — add to your briefcase to read the full text and ask questions with AI
I FILED SUPERIOR COURT 1 OF suAt-1
2 1 2gl9ApR 23 PH ll: Zh CLERKDFCOURT l 4 z 5 I BY=
IN THE SUPERIOR COURT OF GUAM 6 . we
7 PEOPLE OF GUAM CRIMINAL CASE NO.: CF0712-18
8 I vs. DECISION AND ORDER (Defendant Aguon's Motion to Sever) 9 10 i MANUEL EDWARD DUENAS AGUON, et 1 al. 11 DEFENDANTS.
12 |V 13 I I I
14 i INTRODUCTION 15 = T his matter came before the Honorable Anita A. Sukola on Manuel Edward Due fas 16 . Aguon's ("Aguon") Moti on ro Sev er. Attorney Randy Cunl i ffe repres ents Aguon. As s i s tant 17 A ttorney G eneral Matthew P hel ps repres ents the P eopl e of G uam ("P eopl e"). T he Court 18 | held a Motion Hearing on this issue on March 13, 2019. Upon review of the written arid oral 19 ' arguments, and legal authorities presented by the Parties, and for the reasons set out herein, 20 a the Court issues this decision and order G R A N T I N G A g u o n ' s M o t i o n .
21 . BACKGROUND 22 On or about November 3, 2018, a complaint was filed with the Guam Police
2 3 Q De p a rt m e n t (" G P D" ) o n b e h a l f o f W e e ra wa t T a n a n u s o n t (" T a n a n u s o n t " ) i n d i c a t i n g h i s
24 - hous e had been burgl ari z ed. Phel ps Dec l arati on. (Nov . 28, 2018). T ananus ont reported
25 . s ev eral i tems mi s s i ng from hi s res i denc e and l ater di s c ov ered that mul ti pl e trans ac ti ons 26 ! w e r e m a d e o n . h i s m i s s i n g F i d e l i t y V i s a c a r d t o t h e a m o u n t o f $ 2 , 1 6 8 . 0 0 . Upon
27 i investigating the burglary, GPD officers identified Emily Babauta ("Babauta") as a suspect 28 2
I CF0712-18, People v. Aguon, Er al. Page 1 of 5 Decision and Order Motion to Sever) I 1 and obtained a search warrant for her last known residence, which was executed on i
2 November 27, 2018. Q. The following is a description of the evidence gathered against the
3 i various defendants and the charges they are facing:
4 a. Manuel Edward Due fas Aguon.
5 Aguon was found within reach of a heat modified glass pipe stained with suspected
6 I me t ha mphe t a mi ne . & A pouc h a round Aguon's pe rson yi e l d e d t he d i sc ove ry of
7 I approximately two grams of suspected methamphetamine and several grams of suspected
8 | marijuana. Aguon is c ha rge d wi t h P OSSE SSION OF A SCHEDULE 11
9 CONTROLLED SUBSTANCE WITH INTENT TO DELIVER (As a First Degree Felony)
10 I and P OSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE (As a Third I 11. Degree Felony). Superseding Indictment (Feb. 1, 2019).
12 I I b. Emilv Babauta.
13 . While searching the residence, GPD officers discovered a purse containing
14 I Babauta's firearms ID card. Phelps Declaration. The purse, discovered in the room Babauta
15 | identified as her bedroom, also contained syringes and a bag containing suspected
16 :methamphetamine. The purse also contained a Fidelity Visa card with Tananusont's
17 g name on it and a receipt of a purchase made at an establishment identified by Tananusont
18 2 as a place where his card had fraudulently been used. Babita is charged with THEF1`
19 i BY RECEIVING (As a Second Degree Felony), P OSSESSION OF A SCHEDULE II
20 CONTROLLED SUBSTANCE (As a Third Degree Felony), FRAUDULENT USE OF A
21 CREDIT CARD (As a Third Degree Felony), and CONSPIRACY TO FRAUDULENT
22 I USE OF A CREDIT CARD (As a Third Degree Felony). Superseding Indictment.
23 c. Kala Joe Taitague.
24 I Upon searching the residence, GPD officers were informed that one of the rooms ! 25 was shared by Kal a Joe Tai tague ("Taitague") and Jesse Babauta Underwood
26 | ("Underwood"). In this room GPD officers discovered Taitague, Babita, a pouch
27 containing a digital scale, hand rolled cigarettes containing suspected marijuana, multiple
'CF0712-18, People v. Aguon, Er al. Page 2 off inDecision and Order (Motion to Sever) i I
I I 1 resealable baggies, approximately 5.6 grams of crystalline substance suspected to be
2 . methamphetamine, a glass bottle containing an unidentified liquid, and numerous syringes.
3 i Phelps Declaration. Taitague is charged with POSSESSION OF A SCHEDULE II
4 CONTROLLED SUBSTANCE (As a Third Degree Felony). Superseding Indictment.
5 d. Jesse Babita Underwood.
6 W hile searching the room identified as the bedroom of Underwood and Taitague,
7 the officers discovered a pouch containing a digital scale, hand rolled cigarettes containing I
8 suspected marijuana, multiple resealable baggies, approximately 5.6 grams of crystalline
9 1 substance suspected to be methamphetamine, a glass bottle containing an unidentified i
10 , liquid, and numerous syringes. Phelps Declaration. Babauta informed the officers that
ll Underwood has been taking over Taitague's drug dealing operation due to Taitague's
12 declining health. Underwood is charged with POSSESSION OF A SCHEDULE II
13 CONTROLLED SUBSTANCE WITH INTENT TO DELIVER (As a First Degree Felony)
14 and POSSESSION OF A SCHEDULE H CONTROLLED SUBSTANCE (As a Third
15 Degree Felony). Superseding Indictment.
16 i e. Edward Jinvuc Chong.
17 One of the allegedly fraudulent transactions involving Tananusont's Fidelity Visa
18 card occurred at Gangnarn Korean Restaurant. The owner of the restaurant identified
19 iBabauta and said she was accompanied by Edward Jinyuc Chong ("Chong") when she
20 visited the restaurant. Phelps Declaration. Upon his arrest for credit card fraud, Chong was I 21 found with methamphetamines on his person. Chong Mot. to Sever Mar. 27, 2019). Chong
22 is charged with POSSESSION OF A SCHEDULE 11 CONTROLLED SUBSTANCE (As a
23 . Third Degree Felony), FRAUDULENT USE OF A CREDIT CARD (As a Third Degree
24 Felony), and CONSPIRACY TO FRAUDULENT USE OF A CREDIT CARD (As a Third
25 : Degree Felony). Superseding Indictment.
26 i On February 25, 2019, Aguon filed a Motion to Extend Time for Filing Motions
27 and a Motion for Severance. Mot. to Extend, Mot. to Sever (Feb. 25, 2019). On March 18,
28 I
CF0712-18, People v. Aguon, et al. Page 3 of 5 Decision and Order (Motion to Sever) I
1 2019, Chong tiled his non-opposition ro Aguon's Motion to Sever. Chong Non-Opp'n
2 I: (Mar. 18, 2019). On March 26, 2019, Defendant Taitague filed her non-opposition to
3 | Aguon's Motion to Sever. Taitague Non-Opp'n (Mar. 26, 2019). The People did not file
4 either an opposition or notice of non-opposition ro Aguon's Motion to Sever. I 5 I DISCUSSION .
6 Aguon moves the Court for an order severing his trial from the trial of his co-
7 | defendants. Mot. for Severance at 1 (Feb. 25, 2019). Aguon argues that severance is proper
8 because the charges against him are based on different factual bases than the charges
9 against his co-defendants. LL at 4.
10 i I Guam law provides that two or more defendants may be charged in the same
11 indictment if they are alleged to.have participated in the same act or transaction or in the
12 i same series of acts or transactions constituting an offense or offenses. 8 G.C.A. § 55.35(b).
13 | Such defendants may be charged in one or more counts together or separately and all of the
14 Ia defendants need not be charged on each count. Guam law further provides that if it
15 appears that a defendant is prejudiced by joint trial with other defendants, the court may
16 order a separate trial of defendants, of counts in the charging instrument, or provide
17 | whatever reliefjustice requires. 8 G.C.A. § 65.35.
18 ; Aguon is charged with POSSESSION OF A SCHEDULE H CONTROLLED
19 ISUBSTANCE (As a Third Degree Felony) and POSSESSION OF A SCHEDULE II
20 g CONTROLLED WITH INTENT TO DELWER (As a First Degree Felony). Superseding
21 Indictment. He is not facing any charges related to theft or fraudulent use of a credit card.
22 I There is no factual connection between the drugs and the stolen property other than the fact I
23 I that evidence of both crimes was found at the same location and during the same search. Ir
24 also appears that Aguon is being charged only based on what was found on his person, and
25 not what was found elsewhere in the condominium.
26 Although there is evidence that will overlap between the theft charges and the drug
27 | charges by virtue of the evidence being found in the same location and during the same
CF0712-18, People v. Aguon, et al. Page 4 of S \Decision and Order (Motionto Sever) I
i
1 search, the Court does not find that they were part of the same act or transaction, nor did
2 they necessarily constitute pan of a common scheme or plan. Accordingly, the Court finds
3 jointer of the defendants improper in this matter, and grants Aguon's Motion to Sever. I 4 I CONCLUSION
5 Based on the forgoing reasons, the Court GR ANTS Aguon's Motion to Sever his
6 trial from the trial of his co-defendants.
7 I , f
8 Further proceedings for both of these matters are set for Apr113Q 2019 at lm.
11 S0 ORDERED this £3 /F 12 1 13 i f a- 14 i
15 The Honorable Anita A. Sukofa _, Judge, Superior? Court ofGuam8 -. 16
18 ! 19
20 i 21 I 22 I
23 &."°VlCE am r-:\u.:T ..;x lucky. '-.. - 1 .at the 24 original h¢ . _ ...Gd In the I =="g,;,°~=o 25 * .
26 ! DaM ¥ / 2 ] TZ: =_% " f 1 " 27 I Ro§alind,C. _Ba.Iajadia ! DL__17'!erk.S -,-__..l
CF0712-18, People v. Aguon, et al. Page 5 of 5 I Decision and Order (Motion ro Sever) l