FILED SUPERIOR COURT CF GUAM
ZUIBHAR 29 PH 2: 17 CLERK OF couRT C?-/( Sys
IN THE SUPERIOR COURT OF GUAM
THE PEOPLE OF GUAM, cR11v11nAL CASE no. CF00l1-18
DECISION AND ORDER vs.
TIMOTHY JOSEPH JUNIOR CRUZ,
Defendant.
INTRODUCTION This matter came before the Honorable Vernon P. Perez on February 28, 2018, for
hearing on Defendant Timothy Joseph Junior Cruz's ("Defendant") Motion to Reduce Family
Violence Charges to Misdemeanors. Defendant was not present but was represented by counsel
Assistant Public Defender Richard S. Dirks, and Assistant Attorney General J. Basil O'MaJlan III was present on behalf of the People of Guam ("the Government"). Having reviewed the
pleadings, the arguments presented, and the record, the Court now issues the following Decision
and Order. BACKGROUND On January 12, 2018, Defendant was indicted with the following charges: (1) Family
Violence (As a Third Degree Felony) - 2 Counts, in violation of 9 G.C.A. §§ 30.l0(a)(l) and
30.20(a), (2) Strangulation (As a Third Degree Felony) - 2 Counts, in violation of 9 G.C.A. §§
l9.80(a) and (b), (3) Family Violence (As a Misdemeanor) - 2 Counts, in violation of 9 G.C.A.
§§ 30.l0(a)(l) and 30.20(a), and (4) Criminal Mischief (As a Misdemeanor), in violation of 9
People v Cruz CaseNo.CF00l I-I8 Decision and Order
Page 1 of 6 1 G.C.A. 34.50(c) and 34.60(c), as amended. These charges stem from alleged events occurring
2 on or about January 5, 2018. See Decl. of Monica Jo Q. Aguon, Magistrate's Comal., Jan. 6,
3 2018.
4 According to the Declaration attached to the Magistrate's Complaint, on January 5,
5 2018, in the evening, Defendant returned home and accused the alleged Victim, Briana Blas
6 Aguon, of cheating on him, snatched her phone out of her hand, mounted her and placed both 7 hands around her neck and strangled her. Id. When Defendant released the Victim, he began
8 looking through her phone and then punched her on the inside of her right thigh with his right
9 fist. Id. The Victim claimed she needed to use the restroom so she could leave the room and
10 ran outside of the house to seek help. Id. Defendant followed her out shouting at her while
carrying a knife in his right hand, tip down with his arms outstretched from his side. Id. As the 12 Victim approached another residence, she saw several men standing outside, and that Defendant
13 hid the knife in his front right shorts pocket. Id. Defendant grabbed the Victim by the neck
14 with his right hand and briefly attempted to strangle her again. Id. Defendant threw the 15 Victim's phone on the ground, brealdng the phone, then picked up and threw it again a second
16 time, and then picked it up a third time then thrusting it at the Victim, striking and cutting her
17 left hand. Id. When officers went to conduct a suspect check at the Victim's residence,
18 Defendant barricaded himself inside the residence, challenged the officers to come in and get 19 him, and stated he would rather die than go back to jail. Id. Officers observed Defendant with 20 knives in his hand yelling that he was going to kill himself before they took him. Id. Defendant
21 was eventually persuaded to exit the residence. Id. 22 On January 17, 2018, at Arraignment, Defendant asserted his right to speedy trial. Jury
23 Selection and Trial was set to commence on February 28, 2018. 24 On February 13, 2018, Defendant filed an Ex Parte Motion to Reduce Felony Family
25 Violence Charges to Misdemeanors. 26 On February 15, 2018, at the Motion Hearing, the Government requested a one week
27 continuance to be able to file a written response to the motion. Defendant was released with
People v Cruz Case No.cF00l 1-18 Decision andOrder
Page 2 of 6 I conditions, and the Motion Hearing was continued to February 28, 2018 in lieu of the Jury
2 Selection and Trial. 3 On February 20, 2018, the Government filed its Opposition to the Motion.
4 On February 28, 2018, the Court heard brief oral arguments on the Motion and 5 subsequently placed the matter under advisement.
6 DISCUSSION
7 Guam law gives the Court the statutory authority and discretion to reduce a felony
8 Charge to a misdemeanor charge when the offense involves the crime of Family Violence. See 9
9 G.C.A. § 30.20(b) ("Upon a written, noticed motion prior to the commencement of trial, the
10 defendant may move that a felony charge filed pursuant to this § 30.20, other than a felony 11 charge filed pursuant to § 30.20(a)(3), be reduced to a misdemeanor."). The Court is to
12 consider seven factors when determining whether to reduce a Family Violence charge from a
13 felony to a misdemeanor:
14 (1) the extent or seriousness of the victim's injuries, (2) the defendant's history of violence against the same victim whether charged 15 or uncharged, 16 (3) the use of a gun or other weapon by the defendant, (4) the defendant's prior criminal history, 17 (5) the victim's attitude and conduct regarding the incident, 18 (6) the involvement of alcohol or other substance, and the defendant's history of 19 substance abuse as reflected in the defendant's criminal history and other sources, and 20 (7) the defendant's history or and amenability to counseling. 21 9 G.C.A. § 30.20(c). See also People v. Perez,1999 Guam 2 '~][ 12 ("The Family Violence Act is 22 a comprehensive statutory scheme that, when viewed as a whole, demands that the prosecuting 23 attorney take into account a defendant's ability to move for a reduction of a felony charge. In 24 the exercise of its discretion, the court is permitted to entertain such a motion and is statutorily 25 required to consider the list of seven factors in its determination of the appropriateness of a 26 felony charge of Family Violence."). The Court's discretion is limited in two ways: (1) if the 27 Court finds substantial evidence that a victim suffered serious bodily injury, a felony family 28
People v. Cruz Case No.CF00l I-l8 Decision and Order
Page 3of 6 l violence charge may not be reduced to a misdemeanor unless, due to unusual circumstances, 2 such a reduction is manifestly in the interest of justice, or (2) if its' a defendant's third offense.
3 See 9 G.C.A. §§ 30.20(d) and 30.20(a)(3). The Court notes that it only has the parties' 4 pleadings and the Declaration attached to the Magistrate's Complaint before it for review.
5 The first factor for the Court to consider is "the extent or seriousness of the victim's
6 injuries." 9 G.C.A. § 30.20(c)(l). The Court is to consider the extent or seriousness of the 7 victim's injuries as they were inflicted, not as the defendant may have attempted to cause or 8 recklessly risked causing. See 9 G.C.A. § 30.20(b), (c)(l). Here, Defendant argues that the CSI
9 photographs do not show extensive injuries and the alleged victim refused medical treatment. 10 (Mot. at 4). According to the Declaration attached to the Magistrate's Complaint, the alleged
victim reported pain to her neck, and officers observed three small cuts to the back of her left 12 hand and one to the first knuckle on her left middle finger. (Decl. of Monica Jo. Q. Aguon,
13 Magistrate's Con pl., Jan. 6, 2018). Serious bodily injury is defined as "bodily injury which 14 creates: serious permanent disfigurement, a substantial risk or [sic] death or serious permanent
15 disfigurement, severe or intense physical pain or protracted loss or impairment or consciousness
16 or of the function of any bodily member or organ." 9 G.C.A. §l6.l0(c). Based on the facts
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FILED SUPERIOR COURT CF GUAM
ZUIBHAR 29 PH 2: 17 CLERK OF couRT C?-/( Sys
IN THE SUPERIOR COURT OF GUAM
THE PEOPLE OF GUAM, cR11v11nAL CASE no. CF00l1-18
DECISION AND ORDER vs.
TIMOTHY JOSEPH JUNIOR CRUZ,
Defendant.
INTRODUCTION This matter came before the Honorable Vernon P. Perez on February 28, 2018, for
hearing on Defendant Timothy Joseph Junior Cruz's ("Defendant") Motion to Reduce Family
Violence Charges to Misdemeanors. Defendant was not present but was represented by counsel
Assistant Public Defender Richard S. Dirks, and Assistant Attorney General J. Basil O'MaJlan III was present on behalf of the People of Guam ("the Government"). Having reviewed the
pleadings, the arguments presented, and the record, the Court now issues the following Decision
and Order. BACKGROUND On January 12, 2018, Defendant was indicted with the following charges: (1) Family
Violence (As a Third Degree Felony) - 2 Counts, in violation of 9 G.C.A. §§ 30.l0(a)(l) and
30.20(a), (2) Strangulation (As a Third Degree Felony) - 2 Counts, in violation of 9 G.C.A. §§
l9.80(a) and (b), (3) Family Violence (As a Misdemeanor) - 2 Counts, in violation of 9 G.C.A.
§§ 30.l0(a)(l) and 30.20(a), and (4) Criminal Mischief (As a Misdemeanor), in violation of 9
People v Cruz CaseNo.CF00l I-I8 Decision and Order
Page 1 of 6 1 G.C.A. 34.50(c) and 34.60(c), as amended. These charges stem from alleged events occurring
2 on or about January 5, 2018. See Decl. of Monica Jo Q. Aguon, Magistrate's Comal., Jan. 6,
3 2018.
4 According to the Declaration attached to the Magistrate's Complaint, on January 5,
5 2018, in the evening, Defendant returned home and accused the alleged Victim, Briana Blas
6 Aguon, of cheating on him, snatched her phone out of her hand, mounted her and placed both 7 hands around her neck and strangled her. Id. When Defendant released the Victim, he began
8 looking through her phone and then punched her on the inside of her right thigh with his right
9 fist. Id. The Victim claimed she needed to use the restroom so she could leave the room and
10 ran outside of the house to seek help. Id. Defendant followed her out shouting at her while
carrying a knife in his right hand, tip down with his arms outstretched from his side. Id. As the 12 Victim approached another residence, she saw several men standing outside, and that Defendant
13 hid the knife in his front right shorts pocket. Id. Defendant grabbed the Victim by the neck
14 with his right hand and briefly attempted to strangle her again. Id. Defendant threw the 15 Victim's phone on the ground, brealdng the phone, then picked up and threw it again a second
16 time, and then picked it up a third time then thrusting it at the Victim, striking and cutting her
17 left hand. Id. When officers went to conduct a suspect check at the Victim's residence,
18 Defendant barricaded himself inside the residence, challenged the officers to come in and get 19 him, and stated he would rather die than go back to jail. Id. Officers observed Defendant with 20 knives in his hand yelling that he was going to kill himself before they took him. Id. Defendant
21 was eventually persuaded to exit the residence. Id. 22 On January 17, 2018, at Arraignment, Defendant asserted his right to speedy trial. Jury
23 Selection and Trial was set to commence on February 28, 2018. 24 On February 13, 2018, Defendant filed an Ex Parte Motion to Reduce Felony Family
25 Violence Charges to Misdemeanors. 26 On February 15, 2018, at the Motion Hearing, the Government requested a one week
27 continuance to be able to file a written response to the motion. Defendant was released with
People v Cruz Case No.cF00l 1-18 Decision andOrder
Page 2 of 6 I conditions, and the Motion Hearing was continued to February 28, 2018 in lieu of the Jury
2 Selection and Trial. 3 On February 20, 2018, the Government filed its Opposition to the Motion.
4 On February 28, 2018, the Court heard brief oral arguments on the Motion and 5 subsequently placed the matter under advisement.
6 DISCUSSION
7 Guam law gives the Court the statutory authority and discretion to reduce a felony
8 Charge to a misdemeanor charge when the offense involves the crime of Family Violence. See 9
9 G.C.A. § 30.20(b) ("Upon a written, noticed motion prior to the commencement of trial, the
10 defendant may move that a felony charge filed pursuant to this § 30.20, other than a felony 11 charge filed pursuant to § 30.20(a)(3), be reduced to a misdemeanor."). The Court is to
12 consider seven factors when determining whether to reduce a Family Violence charge from a
13 felony to a misdemeanor:
14 (1) the extent or seriousness of the victim's injuries, (2) the defendant's history of violence against the same victim whether charged 15 or uncharged, 16 (3) the use of a gun or other weapon by the defendant, (4) the defendant's prior criminal history, 17 (5) the victim's attitude and conduct regarding the incident, 18 (6) the involvement of alcohol or other substance, and the defendant's history of 19 substance abuse as reflected in the defendant's criminal history and other sources, and 20 (7) the defendant's history or and amenability to counseling. 21 9 G.C.A. § 30.20(c). See also People v. Perez,1999 Guam 2 '~][ 12 ("The Family Violence Act is 22 a comprehensive statutory scheme that, when viewed as a whole, demands that the prosecuting 23 attorney take into account a defendant's ability to move for a reduction of a felony charge. In 24 the exercise of its discretion, the court is permitted to entertain such a motion and is statutorily 25 required to consider the list of seven factors in its determination of the appropriateness of a 26 felony charge of Family Violence."). The Court's discretion is limited in two ways: (1) if the 27 Court finds substantial evidence that a victim suffered serious bodily injury, a felony family 28
People v. Cruz Case No.CF00l I-l8 Decision and Order
Page 3of 6 l violence charge may not be reduced to a misdemeanor unless, due to unusual circumstances, 2 such a reduction is manifestly in the interest of justice, or (2) if its' a defendant's third offense.
3 See 9 G.C.A. §§ 30.20(d) and 30.20(a)(3). The Court notes that it only has the parties' 4 pleadings and the Declaration attached to the Magistrate's Complaint before it for review.
5 The first factor for the Court to consider is "the extent or seriousness of the victim's
6 injuries." 9 G.C.A. § 30.20(c)(l). The Court is to consider the extent or seriousness of the 7 victim's injuries as they were inflicted, not as the defendant may have attempted to cause or 8 recklessly risked causing. See 9 G.C.A. § 30.20(b), (c)(l). Here, Defendant argues that the CSI
9 photographs do not show extensive injuries and the alleged victim refused medical treatment. 10 (Mot. at 4). According to the Declaration attached to the Magistrate's Complaint, the alleged
victim reported pain to her neck, and officers observed three small cuts to the back of her left 12 hand and one to the first knuckle on her left middle finger. (Decl. of Monica Jo. Q. Aguon,
13 Magistrate's Con pl., Jan. 6, 2018). Serious bodily injury is defined as "bodily injury which 14 creates: serious permanent disfigurement, a substantial risk or [sic] death or serious permanent
15 disfigurement, severe or intense physical pain or protracted loss or impairment or consciousness
16 or of the function of any bodily member or organ." 9 G.C.A. §l6.l0(c). Based on the facts
17 presented, the alleged Victim suffered bodily injury, but not serious bodily injury. This factor is
18 equivocal, and neither weighs in favor of nor against the motion. 19 The second factor is "the defendant's history of violence against the same victim
20 whether charged or uncharged." 9 G.C.A. § 30.20(c)(2). Defendant argues that he does not
21 have a history of violence against the alleged victim, and the Government has not argued nor
22 presented any evidence of a history of violence against the alleged victim. The Court
23 understands that there have been no previous charges of violence by the Defendant against the 24 alleged victim, nor has there been any other indication that he has committed any uncharged
25 violent acts against the victim. Therefore, this factor weighs in favor of granting the motion. 26 The third factor is "the use of a gun or other weapon by the defendant." 9 G.C.A. §
27 30.20(c)(3). Here, although no firearm was described, Defendant is alleged to have brandished
28 a knife when he chased the alleged victim when she tried to leave the residence to get help.
People v. Cruz Case NoCF00l 1-18 Decision and Order
Page 4 of 6 l Although Defendant denies holding a knife when he interacted with the alleged victim and
2 shouted at men outside of another residence, he admits in his motion that he threatened to hurt
3 himself with two knives when the police came to his house to investigate. (Mot. at 2). The 4 Court finds that this factor weighs against granting the Motion.
5 The fourth factor is "the defendant's prior criminal history." 9 G.C.A. § 30.20(c)(4).
6 Defendant has two prior criminal matters: CFOI03-17, where he plead guilty to the charge of
7 Terrorizing (As a Third Degree Felony), and CM0956-15, where he entered into a deferred plea
8 agreement to the charge of Harassment (As a Misdemeanor). See Piea Agreement & Judgment
9 in CFOl03-17, Aug. 10, 2017, Deferred Plea Agreement & Order After Hearing in CM0956-15, 10 May 3, 2016. Although Defendant's charge of harassment was not a violent crime, it was based
on Defendant threatening a school resource officer that he was going to meet up with him 12 outside of school with his gun and a knife. Additionally:
13 A person is guilty of terrorizing if he communicates to any person a threat to commit or to cause to be committed a crime of violence dangerous to human life, 14 against the person to whom the communication is made or another, and the 15 natural and probable consequence of such a threat, is to place the person to whom the threat is communicated or the person threatened in reasonable fear that crime 16 will be committed. 17 9 G.C.A. § l9.60(a). The Court finds that this factor weighs against granting the motion, 18 especially considering that Defendant changed his plea to the charge of Terrorizing in CFol03- 19 17 less than six months prior to the alleged events that make up the basis for the instant case 20 occurring. 21 The fifth factor is "the victim's attitude and conduct regarding the incident." 9 G.C.A. § 22 30.20(c)(5). Neither Defendant nor the Government provide the Court with any information 23 regarding the victim's attitude and conduct regarding the incident. Defendant's motion 24 indicates that the "defense has been unable to locate [the] alleged victim" to obtain that 25 information, and the Government's Opposition does not give the Court any additional 26 information. Accordingly, the Court finds that this factor neither weighs in favor of or against 27 the motion. 28
People v Cruz Case No.CFOOI 1-18 Decision and Order
Page 5 of 6 l The sixth factor is "the involvement of alcohol or other substance, and the defendant's 2 history of substance abuse as reflected in the defendant's criminal history and other sources." 9 3 G.C.A. § 30.20(c)(6). No allegations of alcohol or substance abuse have been made in this 4 matter and the Court lacks any other information on whether Defendant has a history of 5 substance abuse. Therefore, the Court finds that this factor is equivocal, and neither weighs in 6 favor of nor against the motion. 7 The seventh and last factor is "the defendant's history of and amenability to counseling." 8 9 G.C.A. § 30.20(c)(7). Defendant indicates in his motion a willingness to do counseling, and 9 that he would be amenable to it. (Mot. at 4). The Court is aware that Defendant has counseling 10 provisions in both of his plea agreements for his prior cases, and that in at least the misdemeanor matter his counseling was closed at Client Services and Family Counseling. The 12 Court has no other information about Defendant's history of counseling. Without more, the 13 Court also finds that this factor is equivocal, and neither weighs in favor of nor against the 14 motion. 15 Therefore, the Court, considering all seven factors, finds that the two counts of Family 16 Violence charged as a Third Degree Felony should remain as charged and DENIES Defendant's 17 Motion to Reduce Family Violence Charges to Misdemeanors. 18 CONCLUSION 19 For the foregoing reasons, the Court hereby DENIES Defendant's Motion to Reduce 20 Felony Family Violence Charges to Misdemeanors. As Defendant remains in asserted status, Jury Selection and Trial will commence on APR man at 1:30 p.m. The parties '- x § 21
22 are to return for a Pre-Trial Conference on Arm nszms at 10 am L 23 IT IS SO ORDERED this . it*day of March, 2018. 24 SERVICE VIA COURT Box 25 ll¢km1Mldqethat a AngymlRh! algid hymn was places! IN 26 wan dl: '%@ 3, P D I ; I
27 HOORABLE VERNON p. PEREZ n¢.~.MAR 2 mum ?.;?. Judge, Superior Court of Guam 28 "}**Nl1lV Clerk Superior Court of Guam
People v. Cruz Case No.CF001 1-18 Decision and Order
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