People v. Aguon

Opinion

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5 IN THE SUPERIOR COURT OF GUAM 6 PEOPLE OF GUAM, Criminal Case No. CFOS81-21 7 GPD RCPOI't No. 21-28301 v. 8 DECISION AND ORDER 9 JOSE VALENZUELA AGUON, GRANTING DEFENDANT'S DOB: 01/20/1997 SECOND MOTION TO DISMISS 10 THE INDICTMENT Defendant. 11

12 INTRODUCTION 13 This matter came before the Honorable Alberto C. Lamorena, III on March 28, 2023 for

14 hearing on Jose Valenzuela Aguon's ("Defendant's") Second Motion to Dismiss the Indictment 15 ("Motion"). Assistant Attorney General Yusuke Haffeman-Udagawa represents The People of Guam

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

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

18 and GRANTS the Defendant's Motion.

19 BACKGROUND

20 On December 2, 2021, Defendant was indicted on Charge One: Assault on a Peace Officer (as 21 a 3rd Degree Felony). See Indictment (Dec. 2, 2021). Defendant allegedly kicked and slapped two

22 uniformed medics from the Guam Fire Department (collectively the "Victims") while they were

23 transporting Defendant following a car cash. 24 On November 4, 2022, Defendant filed his Second Motion to Dismiss the Indictment 25 Defendant argued that no evidence was put before the grand jury indicating that the Victims were 26 "peace officers", and therefore the grand jury could not have found reasonable cause to indict him on

27 the felony offense. See Motion at 2-3 (Nov. 4, 2022).

Decision and Order Granting Defendant's Second Motion to Dismiss the Indictment CF0581-21,People of Guam v. Jose Aguon Page1of 2 The Court held a hearing on March 28, 2023. After hearing the arguments of the parties, the

2 : Court took the matter under advisement.

DISCUSSION

"The Grand Jury shall find an indictment when from the evidence presented there is I 5 reasonable cause to believe that an indictment offense has been committed and that the defendant

6 | 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

% 8 a felony of the third degree if the perpetrator knew or should have known that the victim was a

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

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

11 - Fire Chief of the Guam Fire Department". See 8 G.C.A. §5.55(m). There was no evidence put before the grand jury that the Victims were either actively

13 enforcing the Fire Prevention Code or investigating arson when the alleged assault occurred. The

14 I indictment and evidence presented simply indicates the Victims were providing medical assistance

15 | following a car crash. Furthermore, no evidence was put forward that the Victims were designated

16 . peace officers by the Guam Fire Department's Fire Chief. With no evidence indicating the Victims

17 l to be peace officers under 8 G.C.A. §5.55(m), the indictment cannot stand.

CONCLUSION

For the reasons stated above, the Court GRANTS the Defendant's Motion. The case will be

20 | dismissed without prejudice.

June 6, 2023 IT IS SO ORDERED this

HONORABLE ALBERTO c. LAMORENA, III Presiding Judge, Superior Court of Guam

Decision and Order Granting Defendant's Second Motion to Dismiss the Indictment CF0581-21 , People of Guam v. Jose Aguon Page 2 of 2