I
FILET SUPERIBR COURT GF QUAH 1 20l9SEP"i PH l;.l»5 2 .ART 3 B 4
6 IN THE SUPERIOR COURT OF GUAM
7 PEOPLE OF GUAM, ) Case No. CF0380-17 8 ) ) 9 Plaintiff, ) ) 10 v. ) DECISION AND ORDER ) ) CALVIN JESUS ANDERSON, ) DOB: 12/18/1994 ) ) 13 Defendant. ) ) 14 )
15 INTRODUCTION
16 This matter came before the Honorable Alberto C. Lamorena, III on May 1, 2019 for a
:Z restitution hearing. Defendant Calvin Anderson ("Defendant") appeared with Alternate Public
19 Defender Lisa Lorig. The People of Guam are represented by Assistant Attorney General Sean
20 Brown. After considering the testimony and arguments of the parties, and the applicable law,
21 the Court now issues its Decision and Order granting the People's Petition for Restitution. 22 BACKGROUND 23 24 On July 3, 2019 a grand jury returned an indictment against the Defendant charging him
25 with Attempted Murder (as a First Degree Felony) with a Special Allegation: Deadly Weapon
26 Used in a Felony, Aggravated Assault (as a Second Degree Felony) with a Special Allegation:
27 Deadly Weapon Used in a Felony, Aggravated Assault (as a Third Degree Felony) with a 28 Decision and Order CF0380-17, People v. Anderson
Special Allegation: Deadly Weapon Used in a Felony, Assault (as a Misdemeanor), and, 1
2 Recldess Conduct (as a Misdemeanor). (Indictment, Jul. 3, 2017). On January 30, 2019 the
3 Defendant pled guilty to Aggravated Assault (as a Second Degree Felony) with the Special 4 Allegation: Deadly Weapon Used in a Felony pursuant to a plea agreement. (Minute Entry, Jan. 5 30, 2019). As a condition of the plea agreement, the Defendant agreed to be held fully liable in 6
restitution to the victim, Sammy Kette, in an amount to be determined at a later restitution 7
8 hearing. (Plea Agreement at 5). On May 1, 2019, the Court held a restitution hearing. (Minute
9 Entry, May l, 2019). At the hearing the Court gave the People until May 10 to submit 10 additional documentation related to a billing from Guam Specialist Group, and stated that it 11 would take the matter under advisement the following business day and provide the Defendant 12
13 with an additional opportunity to question the victim about any submitted documentation, if
14 necessary. Id. The people did not submit any further documentation, and the Court
15 subsequently took the matter under advisement. 16 DISCUSSION 17 Guam's statutes provide that a person convicted of a crime may be ordered to pay restitution in 18
19 the amount of:
20 (a) Ten Thousand Dollars ($l0,000.00), when the conviction is of a felony in the first or second degree, 21 (e) Any higher amount equal to double the pecuniary gain to the offender or loss 22 to the victim caused by the conduct constituting the offense by the offender. In such case the court shall make a finding as to the amount of the gain or loss, and 23 if the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue. For purposes of this Section, the term 24 "gain" means the amount of money or the value of the property derived by the 25 offender and the term "loss" means the amount of value separated from the victim, 26
27 8 GCA § 80.50. This means that the court may order the Defendant to pay restitution up to ten 28 thousand dollars without any specific findings, but must make findings for any higher amount,
Page 2 of 6 l I I l III lillI l l
Decision and Order CF0380-17, People v. Anderson
not to exceed double the loss of the victim or gain of the Defendant. People v. Mello, 2008 1
2 Guam 23
3 dollars ($39,335.89) in restitution for the victim's losses, requiring the Court to make specific 4 findings regarding those losses if it wishes to order restitution in that amount. Id. The People 5 bear the burden of proving losses by the victim by a preponderance of the evidence. See United 6
States v. Waknine, 543 F.3d 546, 556 (9th Cir. 2008). Losses incurred by the victim must be 7
8 "adequately proven by competent evidence". People v. Faisal, 2018 Guam 26 'll 19.
9 At the hearing, the victim testified that the Defendant shot him on December 14, 201.6 10 and as a result of his gunshot injuries was hospitalized at Guam Memorial Hospital ("GMH") 11 for a period of about two weeks. (Court Recording at 3:47:30, May 1, 2019). The Defendant's 12
13 mother then testified to the particulars of the billing her son received as a result of his
14 hospitalization and outpatient treatment. Id. at 3:53:30-4:21:00. The Court entered a number of
15 exhibits which were already included in the People's Submission of Summary Report (Minute 16 Entry, May l., 2019). At the heart of this restitution matter are four specific billings: 17 1. A billing statement from GMH for services rendered between December 15 through 18 December 21, 2016 in the amount of $28,724.30. 19 2. A billing statement from GMH for services rendered between December 14 through December 15, 2016 in the amount of $5,639.78. 20 3. A Patient History .- Summary from Guam Specialist Group billing $4,932.27. 4. Receipts from the Treasurer of Guam and Mega Drug 1 in the amounts of $15.00, 21 $10.50, and $5.95. 22 (Submission of Summary Report at 3-6). 23
The Court finds that the People have sustained their burden of showing the victim's 24
25 losses with regard to billings one and two. The victim's mother testified that she did not ask for
26 any specific procedures to be done while her son was being treated for his gunshot wound. She 27 also testified that despite carrying health insurance, the insurance company refused to pay for 28
Page 3 of 6 Decision and Order CF0380-17, People v. Anderson
the services rendered by GMH. (Court Recording at 3:55:00), (See Submission of Summary 1
2 Report at 5-6) (stating that the balance is not covered by Medical Insurance Plan ("MIP")). The
3 People also provided a detailed breakdown of the services rendered by GMH. Id. at 7-18. After 4 reviewing the records, the Court is satisfied that the services billed were necessary and related to 5 the Defendant's shooting of the victim in the abdominal area, and that the victim had intended 6
for insurance to cover the costs of treatment mitigating the amount of restitution, but was unable 7
8 to do so. Id.
9 Likewise, the Court finds the People have sustained their burden with regard to the 10 receipts from Mega Drug l and the Treasurer of Guam. The victim's mother testified that the 11 receipt from the Treasurer of Guam was for the cost of filing a police report. (Court Recording 12
13 at 4:07:00). She also testified that the receipts from Mega Drug were. for painldllers her son
14 needed during his treatment. (Id. at 4:0l:00). The mother testified that she incurred these
15 expenses out of pocket. Id. The Court agrees that these items were necessary for the victim's 16 treatment and to initiate an investigation into the matter. 17
However, the Court's biggest concern is with the billing related to Guam Specialist 18
19 Group. The People submitted only a summary report of the billing including a lump sum of
20 $4,394.13 and two sums for Doctors Medina and Femur in the amounts of $200.46 and $337.68. 21 (Submission of Summary Report at 4). The Report states that the items were billed on April 30, 22 2017 with a service date of December 15, 2016-the same time the victim was receiving 23
services at GMH. Id.
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I
FILET SUPERIBR COURT GF QUAH 1 20l9SEP"i PH l;.l»5 2 .ART 3 B 4
6 IN THE SUPERIOR COURT OF GUAM
7 PEOPLE OF GUAM, ) Case No. CF0380-17 8 ) ) 9 Plaintiff, ) ) 10 v. ) DECISION AND ORDER ) ) CALVIN JESUS ANDERSON, ) DOB: 12/18/1994 ) ) 13 Defendant. ) ) 14 )
15 INTRODUCTION
16 This matter came before the Honorable Alberto C. Lamorena, III on May 1, 2019 for a
:Z restitution hearing. Defendant Calvin Anderson ("Defendant") appeared with Alternate Public
19 Defender Lisa Lorig. The People of Guam are represented by Assistant Attorney General Sean
20 Brown. After considering the testimony and arguments of the parties, and the applicable law,
21 the Court now issues its Decision and Order granting the People's Petition for Restitution. 22 BACKGROUND 23 24 On July 3, 2019 a grand jury returned an indictment against the Defendant charging him
25 with Attempted Murder (as a First Degree Felony) with a Special Allegation: Deadly Weapon
26 Used in a Felony, Aggravated Assault (as a Second Degree Felony) with a Special Allegation:
27 Deadly Weapon Used in a Felony, Aggravated Assault (as a Third Degree Felony) with a 28 Decision and Order CF0380-17, People v. Anderson
Special Allegation: Deadly Weapon Used in a Felony, Assault (as a Misdemeanor), and, 1
2 Recldess Conduct (as a Misdemeanor). (Indictment, Jul. 3, 2017). On January 30, 2019 the
3 Defendant pled guilty to Aggravated Assault (as a Second Degree Felony) with the Special 4 Allegation: Deadly Weapon Used in a Felony pursuant to a plea agreement. (Minute Entry, Jan. 5 30, 2019). As a condition of the plea agreement, the Defendant agreed to be held fully liable in 6
restitution to the victim, Sammy Kette, in an amount to be determined at a later restitution 7
8 hearing. (Plea Agreement at 5). On May 1, 2019, the Court held a restitution hearing. (Minute
9 Entry, May l, 2019). At the hearing the Court gave the People until May 10 to submit 10 additional documentation related to a billing from Guam Specialist Group, and stated that it 11 would take the matter under advisement the following business day and provide the Defendant 12
13 with an additional opportunity to question the victim about any submitted documentation, if
14 necessary. Id. The people did not submit any further documentation, and the Court
15 subsequently took the matter under advisement. 16 DISCUSSION 17 Guam's statutes provide that a person convicted of a crime may be ordered to pay restitution in 18
19 the amount of:
20 (a) Ten Thousand Dollars ($l0,000.00), when the conviction is of a felony in the first or second degree, 21 (e) Any higher amount equal to double the pecuniary gain to the offender or loss 22 to the victim caused by the conduct constituting the offense by the offender. In such case the court shall make a finding as to the amount of the gain or loss, and 23 if the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue. For purposes of this Section, the term 24 "gain" means the amount of money or the value of the property derived by the 25 offender and the term "loss" means the amount of value separated from the victim, 26
27 8 GCA § 80.50. This means that the court may order the Defendant to pay restitution up to ten 28 thousand dollars without any specific findings, but must make findings for any higher amount,
Page 2 of 6 l I I l III lillI l l
Decision and Order CF0380-17, People v. Anderson
not to exceed double the loss of the victim or gain of the Defendant. People v. Mello, 2008 1
2 Guam 23
3 dollars ($39,335.89) in restitution for the victim's losses, requiring the Court to make specific 4 findings regarding those losses if it wishes to order restitution in that amount. Id. The People 5 bear the burden of proving losses by the victim by a preponderance of the evidence. See United 6
States v. Waknine, 543 F.3d 546, 556 (9th Cir. 2008). Losses incurred by the victim must be 7
8 "adequately proven by competent evidence". People v. Faisal, 2018 Guam 26 'll 19.
9 At the hearing, the victim testified that the Defendant shot him on December 14, 201.6 10 and as a result of his gunshot injuries was hospitalized at Guam Memorial Hospital ("GMH") 11 for a period of about two weeks. (Court Recording at 3:47:30, May 1, 2019). The Defendant's 12
13 mother then testified to the particulars of the billing her son received as a result of his
14 hospitalization and outpatient treatment. Id. at 3:53:30-4:21:00. The Court entered a number of
15 exhibits which were already included in the People's Submission of Summary Report (Minute 16 Entry, May l., 2019). At the heart of this restitution matter are four specific billings: 17 1. A billing statement from GMH for services rendered between December 15 through 18 December 21, 2016 in the amount of $28,724.30. 19 2. A billing statement from GMH for services rendered between December 14 through December 15, 2016 in the amount of $5,639.78. 20 3. A Patient History .- Summary from Guam Specialist Group billing $4,932.27. 4. Receipts from the Treasurer of Guam and Mega Drug 1 in the amounts of $15.00, 21 $10.50, and $5.95. 22 (Submission of Summary Report at 3-6). 23
The Court finds that the People have sustained their burden of showing the victim's 24
25 losses with regard to billings one and two. The victim's mother testified that she did not ask for
26 any specific procedures to be done while her son was being treated for his gunshot wound. She 27 also testified that despite carrying health insurance, the insurance company refused to pay for 28
Page 3 of 6 Decision and Order CF0380-17, People v. Anderson
the services rendered by GMH. (Court Recording at 3:55:00), (See Submission of Summary 1
2 Report at 5-6) (stating that the balance is not covered by Medical Insurance Plan ("MIP")). The
3 People also provided a detailed breakdown of the services rendered by GMH. Id. at 7-18. After 4 reviewing the records, the Court is satisfied that the services billed were necessary and related to 5 the Defendant's shooting of the victim in the abdominal area, and that the victim had intended 6
for insurance to cover the costs of treatment mitigating the amount of restitution, but was unable 7
8 to do so. Id.
9 Likewise, the Court finds the People have sustained their burden with regard to the 10 receipts from Mega Drug l and the Treasurer of Guam. The victim's mother testified that the 11 receipt from the Treasurer of Guam was for the cost of filing a police report. (Court Recording 12
13 at 4:07:00). She also testified that the receipts from Mega Drug were. for painldllers her son
14 needed during his treatment. (Id. at 4:0l:00). The mother testified that she incurred these
15 expenses out of pocket. Id. The Court agrees that these items were necessary for the victim's 16 treatment and to initiate an investigation into the matter. 17
However, the Court's biggest concern is with the billing related to Guam Specialist 18
19 Group. The People submitted only a summary report of the billing including a lump sum of
20 $4,394.13 and two sums for Doctors Medina and Femur in the amounts of $200.46 and $337.68. 21 (Submission of Summary Report at 4). The Report states that the items were billed on April 30, 22 2017 with a service date of December 15, 2016-the same time the victim was receiving 23
services at GMH. Id. When questioned about the services rendered by the specialist group, the 24
25 victim's mother stated that she and her son had gone about four times to change the victim's
26 wound dressings after the Defendant had been discharged from GMH. (Court Recording at 27 4:09:50-4:l4:30). When asked about the December 15, 2016 service date, and how the 28
Page 4 of 6 Decision and Order CF0380-17, People v. Anderson
$4,394.13 billing was allocated, the victim's mother stated that she was not sure how the billing 1
2 was calculated or what services were included in that amount, nor did she know whether the
3 billing was for the same services rendered by GMH. Id. at 4:14:30-4:18:00. The, Court 4 . I 0 0 . requested that the People provide a more detailed breakdown of the bllllng at the hearing. Id. at 5 4:22:00. However, the People did not submit any further documentation. As a result, the Court 6 7 is unable to review the particulars of the billing from Guam Specialist Group, nor can it
8 ascertain whether the services were necessary or related to the Defendant's conduct against the
9 victim. Accordingly, the Court finds that the People have not met their burden to prove the 10 victim's losses with regard to the Guam Specialist Group, and declines to award restitution for 11 this billing. Waknine, 543 F.3d at 556, Faisao, 2018 Guam 26 iI 19. 12
13 In summation, we find that the People have sustained their burden for the receipts from
14 the Treasurer of Guam ($15), Mega Drug 1 ($16.45) and the two billings from GMH
15 ($28,724.30 and $5,639.78). This amounts to a total of $34,395.53 in restitution owed to the 16 . . vlctlm. 17 CONCLUSION 18
19 For the reasons stated above, the Court hereby GRANTS IN PART the People's
20 Petition for Restitution. The Defendant is ordered to pay the victim, Sammy Kette, restitution in 21 the am o u nt o f T hir ty- fo u r T ho u sand T hr ee Hu nd r ed Ninety- Hve and 5 3 /1 0 0 d o llar s 22 ($34,395.53). The Court will hold a sentencing hearing for the Defendant on September 19, 23
24 2019 at 2:00 p.m. At least one week prior to the hearing, the People shall submit an affidavit
25 concerning whether the Defendant has cooperated with the Attorney General's Office pursuant
26 to the Plea Agreement. 27
Page 5 of 6 Dec is ion and Order CF0380-17, People v. Anderson
2 IT IS SO ORDERED this 6th day of September, 2019.
7 HONORABLE ALBERTO c. LAMORENA III 8 Presiding Judge, Superior Court of Guam
26 s¢llwlcevlAcou'lrrlnul, :| ~» .
. . 27 . "bf 28
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