r · •t r-:--.. !"!Lt.Li SUPERIOR COURT 1 OF GU.l\M
2 2021➔ JUN I I rn tr: 37 3 CLERKOFC~ 4 BY: ------- 5 IN THE SUPERIOR COURT OF GUAM 6 PEOPLE OF GUAM, Criminal Case No. CF0654-21 7 GPD Report No. 21-32033 8 v. DECISION AND ORDER 9 JOE SHAWN AGUON DENYING DEFENDANT'S MOTION (aka JOESHA WN AGUON), FOR REDUCTION OF 10 DOB: 07/07/1993 or 07/09/1993 FAMILY VIOLENCE CHARGE 11 Defendant. 12
13 INTRODUCTION
14 This matter came before the Honorable Alberto C. Lamorena, III on March 12, 2024 for
15 hearing on Joe Shawn Aguon's (aka Joeshawn Aguon's) ("Defendant's") Motion for Reduction of
16 Family Violence Charge from a Third Degree Felony to a Misdemeanor ("Motion"). Assistant
17 Attorney General Grant Olan represents the People, and Attorney Terry Timblin represents
18 Defendant. Having duly considered the parties' briefs, oral arguments, and the applicable law, the
19 Court now issues the following Decision and Order and DENIES Defendant's Motion.
20 BACKGROUND
21 In December 2021, Defendant was arrested and indicted on charges of Kidnapping (as a 2nd
22 Degree Felony), Terrorizing (as a 3rd Degree Felony), Family Violence (as a 3rd Degree Felony) and
23 Felonious Restraint (as a 3rd Degree Felony). See Indictment (Dec. 30, 2021). Each charge was
24 accompanied with Notice: Commission of a Felony While on Felony Release. Id.
25 The Family Violence (as a 3 rd Degree Felony) charge stems from Natasha Emul's ("Victim's")
26 allegations that on December 20, 2021, Defendant forcibly threw Victim inside his car and proceeded
27 to punch her with closed fists several times in her face, shoulder, back, and legs. See Magistrate's
Decision and Order Denying Defendant's Motion for Reduction of Family Violence Charge CF0654-21, People of Guam v. Joe Shawn Aguon Page 1 ofS 1 Complaint (Dec. 23, 2021). Bruises were visible across the Victim's face, shoulders, and legs when
2 police were called two days later. Id.
3 On January 3, 2024, Defendant filed his Motion for Reduction of Family Violence Charge.
4 Defendant seeks the court's discretion to reduce the charge of Family Violence (as a 3rd Degree
5 Felony) to Family Violence (as a Misdemeanor), citing several factors laid out in 9 G.C.A. § 30.20(c)
6 to guide the Court's decision. See Motion at 3-4 (Jan. 3, 2024).
7 On January 18, 2024, the People filed their Opposition to Defendant's Motion ("Opposition").
8 The People claim most of the factors in 9 G.C.A. § 30.20(c) weigh against reducing Defendant's
9 Family Violence charge to a misdemeanor. See Opposition at 3-5 (Jan. 18, 2024).
10 On March 7, 2024, Defendant filed his Reply to Opposition ("Reply"). Defendant claims that
11 the People carry the burden of establishing the relevant §30.20(c) factors because charging Family
12 Violence as a felony or misdemeanor is done at their discretion. See Reply at 1-2 (Mar. 7, 2024).
13 The Court held a hearing on March 12, 2024. After hearing the arguments of the parties, the
14 Court took the matter under advisement.
15 DISCUSSION
16 I. Preliminary Law:
17 "Any person who intentionally, knowingly, or recklessly commits an act of family violence
18 ... is guilty of a misdemeanor, or of a third degree felony." See 9 G.C.A. § 30.20(a).
19 "Upon a written, noticed motion prior to commencement of trial, the defendant may move that
20 a felony charge filed pursuant to this§ 30.20 ... be reduced to a misdemeanor. Whether any charge
21 ... shall proceed as a misdemeanor or a felony rests within the discretion of the court." See 9 G.C.A.
22 § 30.20(b).
23 "In determining whether a felony charge filed pursuant to this § 30.20 ... should be reduced
24 to a misdemeanor, the court shall consider the following factors, among others:
25 (1) The extent or seriousness of the victim's injuries;
26 (2) The defendant's history of violence against the same victim whether charged or
27 uncharged;
28 (3) The use of a gun or other weapon by the defendant;
Decision and Order Denying Defendant's Motion for Reduction of Family Violence Charge CF0654-21, People of Guam v. Joe Shawn Aguon Page 2 of5 1 (4) The defendant's prior criminal history;
2 (5) The victim's attitude and conduct regarding the incident;
3 (6) The involvement of alcohol or other substance, and the defendant's history of
4 substance abuse as reflected in the defendant's criminal history and other sources;
5 and
6 (7) The defendant's history of and amenability to counseling."
7 See 9 G.C.A. § 30.20(c).
8 II. Application:
9 a. The extent or seriousness of the victim's injuries:
10 The Victim in this case received significant injuries, as police officers observed
11 bruising all across Victim's body and face. See Magistrate's Complaint (Dec. 23,
12 2021 ). The Victim also reported current pain in her face and shoulder multiple days
13 after the alleged attack. Id. This factor weighs against reduction of the Family
14 Violence charge.
15 b. The defendant's history of violence against the same victim whether charged or
16 uncharged:
17 Defendant has no reported history of violence against this same victim. This
18 factor supports reduction of the Family Violence charge.
19 c. The use of a gun or other weapon by the defendant:
20 Victim alleges Defendant did not use any weapon and that the attack was
21 carried out through Defendant's fists alone. Id. This factor supports a reduction of the
22 Family Violence charge.
23 d. The defendant's prior criminal history: 24 Defendant has an extensive criminal history covenng over a decade. In
25 CM0345-19, Defendant was convicted of Harassment (as a Petty Misdemeanor). See
26 CM0345-19 Judgment of Conviction (Oct. 24, 2023). In CF0693-19, Defendant was
27 convicted of Theft (as a 3 rd Degree Felony). See CF0693-19 Judgment of Conviction
28 (Oct. 13, 2022).
Decision and Order Denying Defendant's Motion for Reduction of Family Violence Charge CF0654-2l, People of Guam v. Joe Shawn Aguon Page 3 of5 1 While Defendant mentioned those two convictions in his Motion, he
2 conveniently failed to mention several other previous convictions. See Motion at 3
3 (Jan. 3, 2024). In CF0420-12, Defendant was convicted of Theft of Property (as a
4 Misdemeanor). See CF0420-12 Judgment (Apr. 24, 2013). In CF0652-10, Defendant
5 was convicted of Third Degree Criminal Sexual Conduct (as a 2 nd Degree Felony). See
6 CF0652-10 Judgment (Oct. 28, 2011).
7 Defendant has a substantial criminal history, including convictions for multiple
8 felonies. This factor obviously weighs against reducing the Family Violence charge to
9 a misdemeanor.
10 e. The victim's attitude and conduct regarding the incident:
11 The Victim was apparently extremely distraught over the incident, and waited
12 several days to call the police out of fear for her and her family's safety. See
13 Magistrate's Complaint (Dec. 23, 2021). This factor weighs against reducing the
14 Family Violence charge.
15 f. The involvement of alcohol or other substance, and the defendant's history of
16 substance abuse as reflected in the defendant's criminal history and other
17 sources:
18 Defendant is currently in the pre-trial stages oflitigation in CF0384-23, where
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r · •t r-:--.. !"!Lt.Li SUPERIOR COURT 1 OF GU.l\M
2 2021➔ JUN I I rn tr: 37 3 CLERKOFC~ 4 BY: ------- 5 IN THE SUPERIOR COURT OF GUAM 6 PEOPLE OF GUAM, Criminal Case No. CF0654-21 7 GPD Report No. 21-32033 8 v. DECISION AND ORDER 9 JOE SHAWN AGUON DENYING DEFENDANT'S MOTION (aka JOESHA WN AGUON), FOR REDUCTION OF 10 DOB: 07/07/1993 or 07/09/1993 FAMILY VIOLENCE CHARGE 11 Defendant. 12
13 INTRODUCTION
14 This matter came before the Honorable Alberto C. Lamorena, III on March 12, 2024 for
15 hearing on Joe Shawn Aguon's (aka Joeshawn Aguon's) ("Defendant's") Motion for Reduction of
16 Family Violence Charge from a Third Degree Felony to a Misdemeanor ("Motion"). Assistant
17 Attorney General Grant Olan represents the People, and Attorney Terry Timblin represents
18 Defendant. Having duly considered the parties' briefs, oral arguments, and the applicable law, the
19 Court now issues the following Decision and Order and DENIES Defendant's Motion.
20 BACKGROUND
21 In December 2021, Defendant was arrested and indicted on charges of Kidnapping (as a 2nd
22 Degree Felony), Terrorizing (as a 3rd Degree Felony), Family Violence (as a 3rd Degree Felony) and
23 Felonious Restraint (as a 3rd Degree Felony). See Indictment (Dec. 30, 2021). Each charge was
24 accompanied with Notice: Commission of a Felony While on Felony Release. Id.
25 The Family Violence (as a 3 rd Degree Felony) charge stems from Natasha Emul's ("Victim's")
26 allegations that on December 20, 2021, Defendant forcibly threw Victim inside his car and proceeded
27 to punch her with closed fists several times in her face, shoulder, back, and legs. See Magistrate's
Decision and Order Denying Defendant's Motion for Reduction of Family Violence Charge CF0654-21, People of Guam v. Joe Shawn Aguon Page 1 ofS 1 Complaint (Dec. 23, 2021). Bruises were visible across the Victim's face, shoulders, and legs when
2 police were called two days later. Id.
3 On January 3, 2024, Defendant filed his Motion for Reduction of Family Violence Charge.
4 Defendant seeks the court's discretion to reduce the charge of Family Violence (as a 3rd Degree
5 Felony) to Family Violence (as a Misdemeanor), citing several factors laid out in 9 G.C.A. § 30.20(c)
6 to guide the Court's decision. See Motion at 3-4 (Jan. 3, 2024).
7 On January 18, 2024, the People filed their Opposition to Defendant's Motion ("Opposition").
8 The People claim most of the factors in 9 G.C.A. § 30.20(c) weigh against reducing Defendant's
9 Family Violence charge to a misdemeanor. See Opposition at 3-5 (Jan. 18, 2024).
10 On March 7, 2024, Defendant filed his Reply to Opposition ("Reply"). Defendant claims that
11 the People carry the burden of establishing the relevant §30.20(c) factors because charging Family
12 Violence as a felony or misdemeanor is done at their discretion. See Reply at 1-2 (Mar. 7, 2024).
13 The Court held a hearing on March 12, 2024. After hearing the arguments of the parties, the
14 Court took the matter under advisement.
15 DISCUSSION
16 I. Preliminary Law:
17 "Any person who intentionally, knowingly, or recklessly commits an act of family violence
18 ... is guilty of a misdemeanor, or of a third degree felony." See 9 G.C.A. § 30.20(a).
19 "Upon a written, noticed motion prior to commencement of trial, the defendant may move that
20 a felony charge filed pursuant to this§ 30.20 ... be reduced to a misdemeanor. Whether any charge
21 ... shall proceed as a misdemeanor or a felony rests within the discretion of the court." See 9 G.C.A.
22 § 30.20(b).
23 "In determining whether a felony charge filed pursuant to this § 30.20 ... should be reduced
24 to a misdemeanor, the court shall consider the following factors, among others:
25 (1) The extent or seriousness of the victim's injuries;
26 (2) The defendant's history of violence against the same victim whether charged or
27 uncharged;
28 (3) The use of a gun or other weapon by the defendant;
Decision and Order Denying Defendant's Motion for Reduction of Family Violence Charge CF0654-21, People of Guam v. Joe Shawn Aguon Page 2 of5 1 (4) The defendant's prior criminal history;
2 (5) The victim's attitude and conduct regarding the incident;
3 (6) The involvement of alcohol or other substance, and the defendant's history of
4 substance abuse as reflected in the defendant's criminal history and other sources;
5 and
6 (7) The defendant's history of and amenability to counseling."
7 See 9 G.C.A. § 30.20(c).
8 II. Application:
9 a. The extent or seriousness of the victim's injuries:
10 The Victim in this case received significant injuries, as police officers observed
11 bruising all across Victim's body and face. See Magistrate's Complaint (Dec. 23,
12 2021 ). The Victim also reported current pain in her face and shoulder multiple days
13 after the alleged attack. Id. This factor weighs against reduction of the Family
14 Violence charge.
15 b. The defendant's history of violence against the same victim whether charged or
16 uncharged:
17 Defendant has no reported history of violence against this same victim. This
18 factor supports reduction of the Family Violence charge.
19 c. The use of a gun or other weapon by the defendant:
20 Victim alleges Defendant did not use any weapon and that the attack was
21 carried out through Defendant's fists alone. Id. This factor supports a reduction of the
22 Family Violence charge.
23 d. The defendant's prior criminal history: 24 Defendant has an extensive criminal history covenng over a decade. In
25 CM0345-19, Defendant was convicted of Harassment (as a Petty Misdemeanor). See
26 CM0345-19 Judgment of Conviction (Oct. 24, 2023). In CF0693-19, Defendant was
27 convicted of Theft (as a 3 rd Degree Felony). See CF0693-19 Judgment of Conviction
28 (Oct. 13, 2022).
Decision and Order Denying Defendant's Motion for Reduction of Family Violence Charge CF0654-2l, People of Guam v. Joe Shawn Aguon Page 3 of5 1 While Defendant mentioned those two convictions in his Motion, he
2 conveniently failed to mention several other previous convictions. See Motion at 3
3 (Jan. 3, 2024). In CF0420-12, Defendant was convicted of Theft of Property (as a
4 Misdemeanor). See CF0420-12 Judgment (Apr. 24, 2013). In CF0652-10, Defendant
5 was convicted of Third Degree Criminal Sexual Conduct (as a 2 nd Degree Felony). See
6 CF0652-10 Judgment (Oct. 28, 2011).
7 Defendant has a substantial criminal history, including convictions for multiple
8 felonies. This factor obviously weighs against reducing the Family Violence charge to
9 a misdemeanor.
10 e. The victim's attitude and conduct regarding the incident:
11 The Victim was apparently extremely distraught over the incident, and waited
12 several days to call the police out of fear for her and her family's safety. See
13 Magistrate's Complaint (Dec. 23, 2021). This factor weighs against reducing the
14 Family Violence charge.
15 f. The involvement of alcohol or other substance, and the defendant's history of
16 substance abuse as reflected in the defendant's criminal history and other
17 sources:
18 Defendant is currently in the pre-trial stages oflitigation in CF0384-23, where
19 he is charged with, among other crimes, Possession of a Schedule II Controlled
20 Substance (as a 3rd Degree Felony). See CF0384-23 Indictment (Jun., 15, 2023).
21 While there is little to suggest that alcohol or other substances directly influenced
22 Defendant's behavior in this Family Violence offense, the Court has reason to believe
23 Defendant abuses methamphetamine. Id.
24 This factor weighs against reducing the Family Violence charge to a
25 misdemeanor, as the stronger sentence from a felony conviction could provide
26 Defendant more opportunities to overcome any methamphetamine addition.
27 g. The defendant's history of and amenability to counseling:
Decision and Order Denying Defendant's Motion for Reduction of Family Violence Charge CF0654-21, People of Guam v. Joe Shawn Aguon Page 4 of5 1 Defendant claims he is willing and prepared to undergo any counseling the
2 Court orders. See Motion at 4 (Jan. 3, 2024). The Court does not doubt Defendant's
3 sincerity.
4 CONCLUSION
5 Most of the factors laid out in 9 G.C.A. § 30.20(c) do NOT support a reduction of the Family
6 Violence charge. Factors such as the seriousness of the Victim's injuries, Defendant's lengthy
7 criminal history, and the Victim's conduct following the alleged offense all support retaining the
8 felony Family Violence charge. For the reasons stated above, the Court DENIES Defendant's
9 Motion.
10 June 11. 2024 11
14 f '-.. , I
15 HONORAB~E.AL.BERTO C. LAMORENA, III Presiding Judge, Superior Court of Guam 16
23 24
26 27 28
Decision and Order Denying Defendant's Motion for Reduction of Family Violence Charge CF0654-21, People of Guam v. Joe Shawn Aguon Page 5 of5