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2 zmsrae -*4 PM 2: 15 3 CLERKO ,0uF
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6 IN THE SUPERIOR COURT OF GUAM 7
8 THE PEOPLE OF GUAM, CRIMINAL CASE NO. CF0755-18 9 vs. 10 DECISION AND ORDER
KEITH JOHN CRUZ, 12 Defendant. 13
14 INTRODUCTION 15 This matter came before the Honorable Vernon P, Perez on January 28, 2019, for 16 hearing on Defendant Keith John Cruz's ("Defendant") Ex Parte Motion and Application for 17 Bail Redetermination Hearing Under 8 G.C.A. § 45.50(a) for Release on Personal Recognizance 18 ("Motion for Bail Redetermination"). Defendant was present with counsel Assistant Public 19 Defender Richard S. Dirks, and Assistant Attorney General Thomas R. Neumann was present on 20 behalf of the People of Guam ("the Government"). In accord with its ruling from the bench on 21 January 28, 2019, the Court now issues the following Decision and Order DENYING 22 Defendant's Motion for Bail Redetermination. 23 BACKGROUND 24 On December 27, 2018, Defendant was indicted with the following charges: ( l) 25 Manufacturing a Schedule I Controlled Substance (As a First Degree Felony), (2) Strangulation 26 (As a Third Degree Felony), and (3) Family Violence (As a Misdemeanor). (Indictment, Dec. 27 27, 2018). These charges stem from allegations that during an argument, Defendant grabbed 28
People v. Cruz Case No. CF0755-18 Decision and Order
Page 1 off 1 and threw his girlfriend against the wall of a tool shed and held a screwdriver against her neck,
2 and then subsequently pushed her onto the ground and placed a stick-like object around her
3 neck and choked her. (Magistrate's Con pl., Decl. of Thomas R. Neumann, Dec. 20, 2018).
4 During a search of the residence after the incident, officers found green leafy objects in
5 Defendant's room which tested presumptive positive as marijuana plants. Id.
6 On January 16, 2019, Defendant filed a Motion and Application for Bail
7 Redetermination Hearing under 8 G.C.A. § 40.50 for Release on Personal Recognizance.
8 Defendant is confined pending the posting of $5,000 cash bail. See Commitment Order, Dec.
9 20, 2018. The Government did not file a written response to the motion, but orally opposed the
10 motion on January 28, 2019.
11 DISCUSSION
12 . Defendant moves the Court to release him on personal recognizance as he does not have
'13 the means to pay the five thousand dollar ($5,000.00) cash bail. See generally, Mot. Bail
14 Redetermination, Jan. 16, 2019.
15 Under Guam law, the Court must "order the person charged to be released on
16 recognizance, unless the judge determines, in his discretion, on the basis of available
17 information, that such a release will not reasonably assure the appearance of the person as
18 required or will endanger the safety of any other person or the community." 8 G.C.A. §
19 40.l5(b). Factors for the Court to consider in determining whether Defendant presents a
20 substantial risk of nonappearance or is a danger to the safety of any other person or the
21 community include:
22 (1) the natl are of the offense charged, the apparent possibility of conviction and die likeLy sentence, , 23 (2) the histtry and characteristics of the person charged, including: 24 (i) length of his/her residence on Guam, (ii) his/her employment status and history, and financial condition, 25 (iii) his/her family ties and relationships, 26 his/her reputation, character and mental and physical condition, (iv) 27 (v) his/her prior criminal record, if any, including any record of prior release on recognizance or on bail, 28 (vi) his/her history relating to drug or alcohol abuse,
Page 2 of 4 (vii) the identity of the reasonable members of the community who will l vouch for his/her reliability, 2 (viii) whether at the time of the current offense or arrest, he/she was on 3 probation, on parole or on other release pending trial, sentencing, appeal or completion of sentence of an offense under Federal, state 4 or local law, and 5 (ix) his/her history of compliance with other court orders, (3) the nature and seriousness of the danger the person would pose to the 6 community or to any individual member thereof if released, and 7 (4) any other factors which bear on the risk of willful failure to appear or the danger the person would pose to the community or to any individual member 8 thereof if released. 9 8 G.C.A. § 40.l5(c). 10 If the Court finds that release on his or her own recognizance would not assure a
defendant's appearance or would present a danger to any other person or the community, the 12 Court may still permit release subject to certain conditions under 8 G.C.A. § 40.20. These 13 conditions include: 14 (a) placement of the person in the custody of a designated person or organization agreeing to supervise him and to assist him in appearing in Court, 15 (b) placement of restrictions on the activities, movements, associations and 16 residence of the person, . 17 (c) execution of a bond in an amount specified by the judge, such bond in the discretion of the judge to be either unsecured or secured in whole or in part by 18 the deposit of cash or other property, or by the obligation of qualified sureties, 19 (d) release of the person during working hours, but with the condition that he return to custody at specific times, or 20 (e) any other condition reasonably necessary to assure appearance as required and 21 the safety of any other person and the community. 22 8 G.C.A. § 40.20. Under section 40.20, the least onerous conditions shall be imposed to ensure 23 Defendant's appearance as required and the safety of any other person and the community.
24 "Determinations as to bail conditions and amounts are not to be driven by the goal of keeping 25 the accused incarcerated, but should rather be reached in consideration of the only authorized 26 interests, to wit, ensuring the appearance of the accused and the safety of others." People v. 27 Song, 2011 Guam 19 '][ 11. 28
Page 3 of f 1 In support of his motion, Defendant offers that he is a 48-year-old lifelong resident of
2 Guam, has a moderate ORAS-PAT score, and has been testing negative in his traditional drug
3 court case since July 2018. See Mot. Bail Redetermination at 4. Defendant further states that
4 he currently has a part-time job as a mechanic for a tour company so that he can pay off the
5 fines in his traditional drug court case, and helps support two minor children. Id.
6 Upon consideration of the 8 G.C.A. § 40.15 factors, the Court is greatly concerned with
7 the safety of the community and whether Defendant will appear in court when required.
8 Although he entered a plea in his traditional drug court case, CF0528-16, in June 2018, there
9 have been several violation reports filed indicating Defendant has failed to report to probation,
10 as ordered. See 1st Violation Report, Oct. 9, 2018 (failure to report three times a week in
September), 2nd violation Report, Nov. 6, 2018 (failure to report two times a week in October),
12 and 3rd Violation Report, Jan. 14, 2019 (failure to report two times a week in December prior to
13 being arrested in the instant case). Further, the Court is greatly concerned about the serious
14 nature of the Strangulation and Family Violence offenses charged. Defendant is accused of
15 throwing the victim against a wall and on the ground, choking her, and using "tire repair tool"
16 and a "wooden stick" against the victim's neck.
17 Thus, upon the Court's review, Defendant's release only on personal recognizance does
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grw VZ' §§=,,i,, L: supERlsl CGIERT 1 OF Qams
2 zmsrae -*4 PM 2: 15 3 CLERKO ,0uF
4 5 . Q81- 5
6 IN THE SUPERIOR COURT OF GUAM 7
8 THE PEOPLE OF GUAM, CRIMINAL CASE NO. CF0755-18 9 vs. 10 DECISION AND ORDER
KEITH JOHN CRUZ, 12 Defendant. 13
14 INTRODUCTION 15 This matter came before the Honorable Vernon P, Perez on January 28, 2019, for 16 hearing on Defendant Keith John Cruz's ("Defendant") Ex Parte Motion and Application for 17 Bail Redetermination Hearing Under 8 G.C.A. § 45.50(a) for Release on Personal Recognizance 18 ("Motion for Bail Redetermination"). Defendant was present with counsel Assistant Public 19 Defender Richard S. Dirks, and Assistant Attorney General Thomas R. Neumann was present on 20 behalf of the People of Guam ("the Government"). In accord with its ruling from the bench on 21 January 28, 2019, the Court now issues the following Decision and Order DENYING 22 Defendant's Motion for Bail Redetermination. 23 BACKGROUND 24 On December 27, 2018, Defendant was indicted with the following charges: ( l) 25 Manufacturing a Schedule I Controlled Substance (As a First Degree Felony), (2) Strangulation 26 (As a Third Degree Felony), and (3) Family Violence (As a Misdemeanor). (Indictment, Dec. 27 27, 2018). These charges stem from allegations that during an argument, Defendant grabbed 28
People v. Cruz Case No. CF0755-18 Decision and Order
Page 1 off 1 and threw his girlfriend against the wall of a tool shed and held a screwdriver against her neck,
2 and then subsequently pushed her onto the ground and placed a stick-like object around her
3 neck and choked her. (Magistrate's Con pl., Decl. of Thomas R. Neumann, Dec. 20, 2018).
4 During a search of the residence after the incident, officers found green leafy objects in
5 Defendant's room which tested presumptive positive as marijuana plants. Id.
6 On January 16, 2019, Defendant filed a Motion and Application for Bail
7 Redetermination Hearing under 8 G.C.A. § 40.50 for Release on Personal Recognizance.
8 Defendant is confined pending the posting of $5,000 cash bail. See Commitment Order, Dec.
9 20, 2018. The Government did not file a written response to the motion, but orally opposed the
10 motion on January 28, 2019.
11 DISCUSSION
12 . Defendant moves the Court to release him on personal recognizance as he does not have
'13 the means to pay the five thousand dollar ($5,000.00) cash bail. See generally, Mot. Bail
14 Redetermination, Jan. 16, 2019.
15 Under Guam law, the Court must "order the person charged to be released on
16 recognizance, unless the judge determines, in his discretion, on the basis of available
17 information, that such a release will not reasonably assure the appearance of the person as
18 required or will endanger the safety of any other person or the community." 8 G.C.A. §
19 40.l5(b). Factors for the Court to consider in determining whether Defendant presents a
20 substantial risk of nonappearance or is a danger to the safety of any other person or the
21 community include:
22 (1) the natl are of the offense charged, the apparent possibility of conviction and die likeLy sentence, , 23 (2) the histtry and characteristics of the person charged, including: 24 (i) length of his/her residence on Guam, (ii) his/her employment status and history, and financial condition, 25 (iii) his/her family ties and relationships, 26 his/her reputation, character and mental and physical condition, (iv) 27 (v) his/her prior criminal record, if any, including any record of prior release on recognizance or on bail, 28 (vi) his/her history relating to drug or alcohol abuse,
Page 2 of 4 (vii) the identity of the reasonable members of the community who will l vouch for his/her reliability, 2 (viii) whether at the time of the current offense or arrest, he/she was on 3 probation, on parole or on other release pending trial, sentencing, appeal or completion of sentence of an offense under Federal, state 4 or local law, and 5 (ix) his/her history of compliance with other court orders, (3) the nature and seriousness of the danger the person would pose to the 6 community or to any individual member thereof if released, and 7 (4) any other factors which bear on the risk of willful failure to appear or the danger the person would pose to the community or to any individual member 8 thereof if released. 9 8 G.C.A. § 40.l5(c). 10 If the Court finds that release on his or her own recognizance would not assure a
defendant's appearance or would present a danger to any other person or the community, the 12 Court may still permit release subject to certain conditions under 8 G.C.A. § 40.20. These 13 conditions include: 14 (a) placement of the person in the custody of a designated person or organization agreeing to supervise him and to assist him in appearing in Court, 15 (b) placement of restrictions on the activities, movements, associations and 16 residence of the person, . 17 (c) execution of a bond in an amount specified by the judge, such bond in the discretion of the judge to be either unsecured or secured in whole or in part by 18 the deposit of cash or other property, or by the obligation of qualified sureties, 19 (d) release of the person during working hours, but with the condition that he return to custody at specific times, or 20 (e) any other condition reasonably necessary to assure appearance as required and 21 the safety of any other person and the community. 22 8 G.C.A. § 40.20. Under section 40.20, the least onerous conditions shall be imposed to ensure 23 Defendant's appearance as required and the safety of any other person and the community.
24 "Determinations as to bail conditions and amounts are not to be driven by the goal of keeping 25 the accused incarcerated, but should rather be reached in consideration of the only authorized 26 interests, to wit, ensuring the appearance of the accused and the safety of others." People v. 27 Song, 2011 Guam 19 '][ 11. 28
Page 3 of f 1 In support of his motion, Defendant offers that he is a 48-year-old lifelong resident of
2 Guam, has a moderate ORAS-PAT score, and has been testing negative in his traditional drug
3 court case since July 2018. See Mot. Bail Redetermination at 4. Defendant further states that
4 he currently has a part-time job as a mechanic for a tour company so that he can pay off the
5 fines in his traditional drug court case, and helps support two minor children. Id.
6 Upon consideration of the 8 G.C.A. § 40.15 factors, the Court is greatly concerned with
7 the safety of the community and whether Defendant will appear in court when required.
8 Although he entered a plea in his traditional drug court case, CF0528-16, in June 2018, there
9 have been several violation reports filed indicating Defendant has failed to report to probation,
10 as ordered. See 1st Violation Report, Oct. 9, 2018 (failure to report three times a week in
September), 2nd violation Report, Nov. 6, 2018 (failure to report two times a week in October),
12 and 3rd Violation Report, Jan. 14, 2019 (failure to report two times a week in December prior to
13 being arrested in the instant case). Further, the Court is greatly concerned about the serious
14 nature of the Strangulation and Family Violence offenses charged. Defendant is accused of
15 throwing the victim against a wall and on the ground, choking her, and using "tire repair tool"
16 and a "wooden stick" against the victim's neck.
17 Thus, upon the Court's review, Defendant's release only on personal recognizance does
18 not sufficiently allay the Court's concerns regarding the safety of the community or Defendant's
19 further appearance in court. This decision, however, does not preclude Defendant from
20 requesting release with proposed third-party custodians in the future.
21 CONCLUSION
22 For the foregoing reasons, the Court hereby DENIES Defendant's Motion for Bail
23 Redetermination. Further Proceedings are set fat February y 4, 2019 at 9:00 AM. MAize\-\ in, aosq 24 IT IS SO ORDERED, nuns pro tune to January 28, 2019, this FEB as zone 25 SERVICE VIA COURT BOX 26 I acknowledge that a copy of the original hereto was placed in the court box of: 27 AS -1- ?i>%c, HONOR LE VERNON p. PEREZ 28 Judge, Superior Court of Guam BU ZUH a a:
1 O People v. Cruz Case No. CF0755-18 a Deputy Clem, Superior Court01 G t:
Decision and Order
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