People v. Aguon

Opinion

F.1,L ED SUPERIOR COURT OFGUAM

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IN THE SUPERIOR COURT OF GUAM

PEOPLE OF GUAM, Criminal Case No. CF0581-21 GPD Report No. 21-28301 v. DECISION AND ORDER JOSE VALENZUELA AGUON, DENYING DEFENDANT'S MOTION DOB: 01/20/1997 TO DISMISS THE INDICTMENT I Defendant.

INTRODUCTION_ This matter came before the Honorable Alberto C. Lamorena, III on March 10, 2022 for |

14 hearing on Jose Valenzuela Aguon's ("Defendant's") Motion to Dismiss the Indictment _

15 ("Motion"). Assistant Attorney General Renaida San Nicolas represents The People of Guam ("the

16 People"), and F. Randall Cunliffe represents Defendant. Having duly considered the parties' briefs,

17 oral arguments, and the applicable law, the Court now issues the following Decision and Order and

18 DENIES the Defendant's Motion.

BACKGROUND On December 2, 2021, Defendant was indicted on Charge One: Assault on a Peace Officer 21 ¥ (as a 3 r1 Degree Felony). See Indictment (Dec. 2, 2021). Defendant allegedly kicked and slapped 22 two uniformed medics from the Guam Fire Department (collectively the "Victinls") while they 23 were transporting Defendant following a car cash. L On January 26, 2022, Defendant filed his Motion to Dismiss the Indictment. Defendant 25 ; argued that no evidence was put forth indicating that the Victims were "peace officers", and 26 therefore the Grand Jury could not have found reasonable cause to indict him on the felony offense. 27 See Motion at 2-3 (Jan. 26, 2022).

Decision and Order Denying Deflendant's Motion to Dismiss the Indictment CF0581-21, People of Guam v. Jose Aguon Page 1 off The Court held a hearing on March 10, 2022. After hearing the arguments of the parties, the

2 " Court took the matter under advisement.

The Court will not consider either the People's Opposition to Motion or the Defendant's

4 ! Reply to Opposition as both were submitted after the March l 0"1 hearing.

DISCUSSION

"The Grand Jury shall find an indictment when from the evidence presented there is

7 reasonable cause to believe that an indictment offense has been committed and that the defendant I 8 committed it." See 8 G.C. A. §50.54(b).

"An assault against a peace officer who is performing his official duties as a peace officer is

10 a felony of the third degree if the penetrator knew or should have known that the victim was a

ll peace officer." See 9 G.C.A. §l9.30(b)(l). Peace officers include "Fire Personnel when engaged

12 in the enforcement of the Fire Prevention Code, all Arson Investigators, and those designated by the

13 | Fire Chief of the Guam Fire Department". See 8 G.C.A. §5.55(m).

As can be seen from the Indictment, the Victims were neither actively enforcing the Fire

15 Prevention Code nor investigating arson when the alleged assault occurred. The Victims were

16 simply providing medical assistance following a car crash. I

However, the Indictment provides no reason to believe the Victims were not designated

18 | peace officers by the Guam Fire Department's Fire Chief. Until shown otherwise, it remains

19 reasonable to believe the Victims could have been so designated by the Fire Chief, and the charge

20 Q remains valid.

CONCLUSION

For the reasons stated above, the Court DENIES the Defendant's Motion. The Indictment

23 will not be dismissed. The People remain obliged to meet the burden of proof on the factual issues

24 identified in Defendant's Motion moving forward. April 11, 20° 11:15 so ORDERED this I

HONORABLE AEBITRTO c. LAMORENA, 111 Presiding Judge, Superior Court of Guam Decision and Order Denying Defendant's Motion to Dismiss the Indictment CF0581-21, People of Guam v. Jose Aguon Page 2 of 2