People v. Gonalez

Opinion

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4 SUPERIOR QQURT $g?§§@R OF Q $3 COURT V GUAiv1 a 5

6 IN THE SUPERIOR COURT OF GUAM 71 PEOPLE OF GUAM, GUAM, )) CRIMINAL CRIMINAL CASE NO. NO. CF0806-23 CF0806-23 8 ) GPO REPORT GPD REPORT NO. no. 23-29677

)) 9 vs. )) ) 10 10 )) DECISION AND AND ORDER GRANTING GRANTING JUAN ALBERTO ALBERT() GONZALEZ, GONZALEZ, JR., JR., ) MOTION MOTION TO TO TRANSFER TRANSFER CASE 11 DOB: DOB:11/28/2006 11/28/2006 )) TO FAMILY COURT 12 ) Defendant. )) 13 13 w 14 14 INTRODUCTION 15 15 This matter came came before before the Honorable Honorable Maria Maria T. Cenzon Cenzon on on May May 14, 14, 2024, 2024, for for aa hearing hearin 16 16 on JuanAlberto on Defendant Juan Gonzalez, Jr.' Alberto Gonzalez, Jr. s's("Defendant") ("Defendant") Motion Motion to to Transfer Transfer Case Case to to Family Court Co 17 17

18 18 (the "Motion"). "Motion").Defendant Defendantwas waspresent presentand and represented represented by by defense defense counsel counsel Assistant Assistant Public Publi

.19 Defender Defender Peter Peter J. Sabian via J. Sablan via Zoom. Assistant Attorney General General Christine Christine S. Tenorio Tenorio was was present presen 20 20 on behalf of of the the People People of of Guam Guam("the ("the People") People") via via Zoom. Zoom. The ThePeople Peopledid did not not object object to the Motion 21 21 at the the hearing; hearing, however, however, requested additional additional information, information, including a forensic examination of the 22 23 Defendant, to which which the Defendant consented. After the consented. After the hearing, hearing, the Court took took the Motion Motion under unde 23

24 24 advisement pursuant advisement pursuant to to CVR CVR 7.1(6)(6)(D)ofofthe 7.l(e)(6)(D) theLOCAL LOCALRULES RULESOF OFTHE THE SUPERIOR SUPERIOR COUR COURT

25 25 OF GUAM. GUAM.After Afterhaving havingreceived receivedand andreviewed reviewedthe thepapers, papers,arguments, arguments, and and the file file herein, herein, the 26 26 Court issues thefollowing issues the following Decision Decision and and Order GRANTING the Motion. 27 27

People v. v. Gonzalez, Gonzalez, Jr. Jr, Criminal Case No. No. CF0806-23 Decision Decision and and Order Order Granting Motion Motion to Transfer Transfer Case to Family Court Page 1l of of 10 10 l PROCEDURAL AND FACTUAL FACTUAL BACKGROUND 2 On December December 22, 2023, the People filed 2023, the filed an an Indictment Indictment charging charging the Defendant Defendant of the th 3 offense offense of ofEight EightCounts Counts of ofSecond Second Degree Criminal Sexual Conduct Conduct(As (As a First First Degree Degree Felony) Felony) in 4

5 violation of99 GCA violation of 25.20(a)(l)and GCA§§25.20(a)(1) and(b). (b).Counts CountsOne Oneand and Two Two ofofthe theIndictment Indictment allege allege that that on o

6 November November 23, 23, 2022, 2022, to November November30, 30, 2022, 2022, inclusive, inclusive, in in Guam, Guam, the the Defendant did intentionally 7 7 engage in in sexual contact with another, another, to to wit: wit: by touching the primary primary genital genital area of of J W (DOB: (DOB: .8 09/08/20]6) (the"Victim"), 09/08/2016) (the "Victim"), aa minor minor under (14) years of under fourteen (14) ofage. age. Indictment (Nov. (Nov. 30, 30, 2022). 9 Counts Three .and .andFour Fourallege allegethat thaton onNovember November23, 23,2022, 2022,toto November November 30, 30, 2022, 2022, inclusive, inclusive, in 10

11 Guam, the Defendant did Guam, the did intentionally engage in in sexual contact with another, another, to to wit: wit: by touching

12 12 the buttock buttockof theVictim, of the Victim, a minor under underthe theage ageof offourteen fourteen(14) (14) years yearsof of age. age. Id Id Counts Five and Counts Five an 13 1 Six allege allegethat that on on November November23, 23,2023, 2023, to to December December15, 15, 2023, 2023, inclusive, inclusive, in in Guam, Guam, the Defendant Defendan 14 14 did intentionally intentionally engage in sexual sexual contact with another, to wit: by by touching the primary genital 15 area of the Victim, a minor under fourteen (14) under fourteen (14) years of of age. age. Id. Counts Counts Seven Seven and and Eight allege 16

17 17 that that on November 23, 23, 2023, 2023, to to December December 15, 15, 2023, 2023, inclusive, inclusive, in in Guam, Guam, the the Defendant Defendant did di

18 18 intentionally engage in in sexual sexual contact with another, another,to to wit: wit: by touching touching the the buttock buttockof of the theVictim Victim, 119 0 a minor under underfourteen fourteen(14) (14)years yearsof of age. age. Id Id 20 20 The Defendant filed filed his his Motion Motion on January 25, on January 25, 2024. 2024.The The People People filed their Response to 21

22 the the Defendant's Motion Motion on on February February 9, 9, 2024, 2024, as a Response, Response, rather than an rather than an "Opposition." "Opposition." On 0 22

23 23 March March 20, 2024, the first hearing 2024, at the the Motion, the hearing on the the People People represented represented to to the the Court Court that that they 24 24 do not oppose a transfer to the Family Court, rather, the People required required additional additional infonnation informatio ' + '

25 from from the the Defendant Defendant in in support of a transfer to the Family Court considering the the seriousness of the 26 26 charged offense. offense. Min. Entry Entry (Mar. 20, 2024), at 10:09:27 10:09:27 - 10:10:13 10:10:13 AM. The The Court Court noted noted that tha 27 27

28 28 because 19 GCA because 19 requires aa finding 5106(d) requires GCA §§ 5106(d) finding for foraatransfer transfer to to the the Family Family Court Court must must be "based on be "based o

People v. Gonzalez, Gonzalez, Jr. Jr. Criminal Case No. No. CF0806-23 Decision Decision and and Order Order Granting Motion Motion to Transfer Case to Family Court Page 2 of of 10 10 1 clear and and convincing evidence" that from the benefit from would benefit Defendant would the Defendant that the transfer, the the transfer, Cou the Court 2 agreed that more rnfonnatlon Motion, including in order to decide the Motron, information was needed rn backgroun including aa background 3 and evaluation of the Defendant and potential services and potential thatmay services that beafforded maybe to the afforded to Defendant. Id the Defendant. Id 4

5 at 10:11:06 9 AM. .-. 10:12:59 10:11:06-10:12:5 AM.

6 Based on the representations and statements Based madeduring statements made the above-captioned hearing, on during the

7 in making its assist the Court in to assist Evaluation to 7 May May 6, 6, 2024, Court issued an Order for Forensic Evaluation 2024, the Court 88 decision. decision. See Order for See Order (Motion to for Forensic Evaluation (Motion Remand Minor to Remand' to the Minor to Jurisdiction oftthre the Jurisdiction 9 9 Family Family Court Court)19 19GCA GCA 5106(a) 5106(d) (May (May 6, 2024). 10

11 ANALYSIS ANALYSIS

12 12 The applicable transfer of Guam law addressing the transfer applicable Guam criminal complaint to the jurisdictio of a criminal jurisdiction 113 ofthe of the Family FamilyCould Court is is Title Title19, 19,Guam CodeAnnotated, GuamCode .§ 55106(d). Annotated,§ l 06(d). Such Such a,transfer a.transfer shall shall be be made mad 14 upon Ha best interest of and convincing evidence that the best "a finding on clear and the minor would be of the 15 15 amenable treatment, and training to the care, treatment, amenable to available through programs available training programs the facilities throughthe th facilities of the 16 16

17 17 juvenile court." court." Id Id The TheCourt thefollowing instructed to consider the Courtisisinstructed factors: following factors:

18 18 (1) (1) the the age age ofofthe the minor; (2) (2) the the history history ofofthe including: the minor, including: 19 (A) (A) any any previous previous delinquent delinquent criminal history of or criminal or minor; of the minor, 20 20 (B) (B)any any previous previousabuse abuse or or neglect history of neglect history the minor, ofthe and minor, and (C) anyany mental mental health, health, physical historyof educational history physical or educational of the mmor, or a the minor, 21 combination of factors, of these factors, (3) (3) the the circumstances circumstances of the offense, including: of the 22 22 (A) (A)the seriousness of the offense, theseriousness 23 23 (B) (B)whether whetherthethe minor minor is is charged through accountability; charged through accountability, (C) whether there (C) whether there is is evidence evidence the the offense offense committed in was committed was an aggressive in an an aggressive and 24 premeditated premeditated manner, (D) (D)whether whetherthere there is evidencethe is evidence the offense caused seriously offensecaused bodilyharm, seriously bodily and harm, and 25 25 (E) (E)whether whetherthere there is is evidence evidencethethe minor possessed minorpossessed a deadly weapon, 26 26 (4) 4)the the advantages advantages of oftreatment within the juvenile treatment within system, including, whether there justice system, juvenile justice are facilities facilities or or programs, programs, or or both, particularly available in the juvenile system, the juvenile 27 27 Chapter 80 of the 9, Chapter (5) (5) whether whether thethe security security of ofthethe public requires sentencing public requires under Title sentencing under Title 9, 28 28 Guam Guam Code Annotated,

People v. People Gonzalez, Jr. v. Gonzalez, Criminal CriminalCase CF0806-23 No. CF0806-23 Case No. Decision Decision and and Order Granting Motion to Transfer Motion to Case to Transfer Case Family Court to Family Page 3 of Page IO of 10 1 (6) the the minor's minor's history history ofofservices, services,including includingthe the1ninor's minor's willingness willingness to to participate participat meaningfully in available services, 2 (7) whether whether there there is is aa reasonable reasonable likelihood likelihood that that the minor minor can be rehabilitated before the 3 expiration expiration of ofthe the juvenile juvenile court's court's jurisdiction, jurisdiction, and (8) (8) the the adequacy adequacy ofofthe the punishment punishment or services. 4

5 Id Id Guam Guam law lawalso alsoemphasizes emphasizes that that "the court court shall give give greater greater weight weight to to the the seriousness seriousness of the 5

6 6 alleged offense and alleged offense the minor's and the minor's prior record record of of delinquency delinquencythan thantotothe theother otherfactors factorslisted listed..." ... " Id Id 7 DISCUSSION 8 Defendant argues that Defendant argues that aa transfer transferto to the the Family Court Court is is appropriate appropriate because of the because of th 9 circumstances of the circumstances of the case case and and the the advantage of treatment advantage of available to treatment available to the Defendant. Defendant. The Th 10

11 circumstances of the circumstances of the case case that that supports supportsthe thetransfer transferare areas asfoll,ows: follows: the Defendant was a minor

12 12 between the the ages ages of of fifteen (15) (15) and and seventeen seventeen (17) at at the time of of the the alleged alleged offense; offense; public publi 13 the Defendant information on the Defendant at atthe thetime time of of filing indicate indicate that the the Defendant Defendant is is aa first first offender; offender, 14 14 and the the circumstances circumstancesof ofthe thealleged alleged offense offense do not indicate_ indicate serious bodily bodily injury, aggression, or 15 15 any any use of a deadly weapon. weapon. See Defendant'5 Mot. See Defendant's Mot. to to Transfer Transfer Case to Family Case to Family Court Court (Jan. (Jan. 25, 25, 16 16

17 17 2024). Defendant further further argues argues that thathe he will will benefit benefit from from treatment treatment made made available through through the th

18 18 juvenile justice system, and and the theDefendant Defendantwill will likely be rehabilitated before before the the expiration expiration of of the th 19 juvenile juvenile court's jurisdiction. Id court's jurisdiction. Id An Ananalysis analysis of ofthe the factors-described in 19 factors described in 19 GCA GCA §§ 5106(d) 5106(d) is i 20 20 discussed below. discussed below. 21

11. Age Age of ofDefendant Defendant 22 22

23 23 Defendant was sixteen (16) years old old at the time he is alleged alleged to have committed the crime

24 24 charged is thus charged is thuseligible eligible under under 19 GCA §§ 5106 19 GCA to have 5106 to transfer to for transfer considered for case considered his case have his to the the Famil Family 25 Court. 26 26 // II 27 28 28 // II

People v. v. Gonzalez, Jr. Gonzalez, Jr. Criminal Case No. CF0806-23 Decision Decision and and Order Order Granting Motion Motion to Transfer Case to Family Court Page 4 of of 10 10 1 2. 2. History of ofDefendant Defendant 2 Defendant has has no no prior prior criminal criminal history history nor any any delinquency delinquency petition petition in the the Family Family Court. 3 Defendant is currently Defendant is currentlyunder underthe thesupervision supervisionofofthe the Department of of Department Youth Youth Affairs Affairs ("DYA"). Ms. ("DYA"). 4 4

5 Yvonne Pauli Yvonne ro, Defendant's Paulino, worker at case worker Defendant's case at DYA, DYA,represented representedto tothe theCourt Courtthat that the the Defendant Defendant is

6 6 DYAwith a model youth at DYA withno noinstances instances or orreports ofbehavioral reports of behavioralissues. issues. Ms. Ms. Pauli Paulino consider ro considers

7 Defendant Defendant aa good good candidate for the candidate for theservices servicesprovided providedfor forjuveniles juvenilesatatDY DYA. A. 8 With respect With respect to the the Defendant's Defendant's background, the Court finds the results background, the results of several several tests test 9 administered by Dr. Juan Rapadasduring Juan Rapadas duringthe theforensic forensicexamination examinationto tobe beparticularly particularly compelling. compelling. 10 IO \_

11 Specifically, Specifically, Defendant given the Defendant was given theBrief Brief Problems ProblemsMonitor-Youth Monitor-YouthForm Form(BPM-Y) (BPM-Y) for for ages ages 11- 11-

12 18 18 "to "to survey survey any any self-reported self-reportedemotional emotionaland and behavioral behavioral problems." problems."Dr. Dr.Rapadas Rapadas concluded concluded that tha 13 1 Defendant's resulting resulting score "was "was in the clinically significant significant range of of 65." Forensiv Eva!. Evil. at at p. 6. 14 14 administered the Defendant was also administered theTSCC which is TSCC (Trauma Symptom Checklist for Children) which 15 15 16 an assessment assessment"to "to check check for for any any self-reported self-reported psychological psychologicaland/or and/or behavioral disorders as well well as a 16

17 17 any any sexual dysfunctionproblems sexual dysfunction problemsasaswell." well." The The result result of of the the TSCC indicated indicated "nearly significant significan

18 18 and significant emotional/psychiatric/or behavioralororsexual emotional/psychiatric/or behavioral sexualproblems problemsininpractically practicallyall all TSC TSCC 19 19 area to to include include anxiety, anxiety, depression, depression, PTS PTS symptoms, dissociation symptoms ((dissociation dissociation overt overt and an 20 20 fantasy) fantasy) and the the overall. Sexual Sexual Concerns Concernsto to include include Sexual Sexual Distress." Distress." Id Id These These considerations consideration 21 22 weigh weigh in in favor favor of ofthe the transfer transfer to the Family Court. 22

23 3. Circumstances of the Circumstances of the offense offense

24 st Degree The charges against the Defendant against the Defendant are are serious seriousoffenses offenses constituting constituting 1let Degree Felonies. 25 The Defendant is alleged alleged to to have have engaged engaged in in sexual sexual contact with two minor minor victims victims under under the age 26 26 of of fourteen fourteen (14) (14) years years old. old. However, However, despite despite the the inherent inherent serious serious nature nature of the charges, of the charges, the th 27 28 28 Defendant Defendant is not alleged to to have have committed committed these these acts acts aggressively, and and the evidence does does not no

People v. v. Gonzalez, Gonzalez, Jr. Criminal CriminalCase Case No. No. CF0806-23 CF0806-23 Decision Decision and and Order Granting Motion Motion to to Transfer Transfer Case to Family Case to Family Court Page Page 5 of IO of 10 l suggest the victims suffered serious bodily harm or that the suggest the Defendant Defendant possessed possessed a deadly deadly weapon. 2 u

The Court deeply considers considers the seriousness seriousness of of the offense, especially the vulnerability of of the minor 3 victims to weigh weigh against against transfer to the Family Court. 4

5 4. Advantages of of treatment treatment within within the juvenile juvenile system system

6 Dr. Rapadas Rapadas has has opined that that while Defendant did not not lack lack substantial capacity needed to substantial capacity 7 reach ch a level level of of insa insanity at the time time of of the the aalleged lleged offense, offense, he he concluded concluded tha that "beca "because of 8 [Defendant's] [Defendant's] past past trauma trauma and abuse and subsequent development development of ofclinical clinical disorders, he suffered 9 a diminished diminished capacity capacity resulting resulting from from suffering suffering aa mood mood and and anxiety anxiety disorder disorder for for years, starting fro from 10 10

11 early childhood." Id at at p. p. 77 (emphasis (emphasis added). added). He He found found further further that Defendant is open to "any

12 and all help" for for his his psychological psychological and and substance substance abuse abuse issues and to be be assessed assessed for for possible possibl 13 13 special education needs. Id. needs. Id. 14 14 Under Under the the circumstances, circumstances, the Court Court finds that the Family Court has the ability to provide 15 15 the necessary supervision and treatment available Under the juvenile under the juvenile system as well as adequate adequat_ 16 16

17 17 resources to habilitate habilitate .and and hold Defendant accountable for his actions. actions. Defendant Defendant would be able

18 18 to continue continue his his high high school school education with with DYA DYAand andparticipate participateininmeaningful meaningfulservices servicesas as may be b 19 19 ordered by the Family Court. A Guardian Ad Litem Guardian Ad Liter should also be appointed to the Defendant Defendan 20 20 once the Petition is filed by the Office of of the Attorney General, Family Division, Division, as as the Court was 21

informed that there there is a concurrent concurrent PINS case involving all the minor minor children, children, including the 22 22

23 23 Defendant. These considerations considerations weigh weigh in in favor favor of ofthe the transfer transfer to the Family Court. 24 24 5. Security Security -of the public .of the 25 "In most most serious serious category of of cases, cases, the public sense sense of of security security and and justice require require an 26 26 assurance that aa dangerous assurance that dangerous offender, offender, or ozone who has committed committed aa serious serious crime cannot within a 27 27

28 short time be short time be released." See Comment released." See Comment on on 99 G.C.A. G.C.A. §§ 80.30. 80.30. TThe he Court Court recognizes recognizes that that the th

People People v. v. Gonzalez, Gonzalez, Jr. Criminal Criminal Case Case No. No. CF0806-23 CF0806-23 Decision Decision and and Order Order Granting Motion Motion to to Transfer Case to to Family Family Court Page Page 6 of of 10 10 l Defendant does not have have a history history of juvenile juvenile delinquency, delinquency, and and this is his first contact contact with with the th 2 criminal justice justice system. system. The The Court Court further further recognizes recognizesthat that the the Defendant Defendant does does not not have any history 3 of of violence violence toward toward other other individuals individuals and and is not a flight risk. These considerations weigh in favor considerations weigh 4

5 of of the the transfer to the the Family Court. Court.

6 6. Minor's Minor's history histo of services and willingness to participate meaningfully in available services. 7

8 Defendant is currently Defendant is currentlyreceiving receiving services servicesand andisisin in the the custody custodyof of DYA. DYA. Defendant's Defendant'

9 affirmations within the the Motion and representations representationsmade madebybyMs. Ms.Yvonne Yvonne Paulino, Pauli ro,DY DYAA social socia 10 worker, to the Court demonstrate demonstratehis hiswillingness willingness to to meaningfully meaningfully participate participate in in available available services. ll The Defendant receives psychological Defendant receives psychological services provided provided by by DYA A and and does does not have a history history of 12 infractions or noncompliance. infractions or noncompliance.Indeed, Indeed,he heisisdescribed describedasasaa"model "modelclient" client" in in DY DYA. A. Dr. Dr. Rapadas Rapada 13

14 14 also confirmed confirmed that the Defendant is "open "open to to any any and and all help for for his his psychological psychologicaland and substance substanc

15 15 abuse issues." Forensic abuse issues." Evil. at Forensic Eva!. at p. 9. These considerations weigh in favor of considerations weigh ofthe the transfer transfer to to the th 16 16 Family Court. 17 17 7. Minor's Minor's rehabilitation ofjuvenile rehabilitation before expiration of juvenile court's court's jurisdiction jurisdiction 18

19 GCA §§5105 19 GCA 5105 allows allows continuing jurisdiction of continuing jurisdiction ofthe the Family Family Court Court until the age until the age of of eightee eighteen 19

20 20 (18) or or twenty-one twenty-one (21), (21), depending depending on on the the circumstances. If so, the Family Court circumstances. If Court could could have hav 21 jurisdiction of of Defendant until November 28, 2027, jurisdiction Defendant until 2027, when he he turns 21. The turns 21. The Court Court finds finds that tha 22 Defendant can be Defendant can be habilitated habilitated before before the the expiration expiration of of the the Family Family Court's Court's jurisdiction jurisdiction in in 2027. 2027. 23 While Defendant Defendant is currently receiving services, currently receiving ii is services, it is not known if these services are these services are specificall specifically 24

25 targeted towards the targeted towards the specific specific behavior behavior in the the current matter,therefore, current matter; therefore,DYA DYA shall shall endeavor endeavor to t

26 26 obtain an assessment assessmentof ofthe theDefendant Defendantto to determine determine his his need need any anypsychological psychological interventions interventions and an 27 27

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People v. v. Gonzalez, Jr. Gonzalez, Jr. Criminal Criminal Case Case No. CF0806-23 CF0806-23 Decision Decision and and Order Granting Motion Motion to to Transfer Transfer Case to Family Case to Family Court Page 7 of 10 10 1 treatment to address this behavior. behavior.11 Based on Defendant's affirmations in his Motion and treatment to address this Based on Defendant's affirmations in his Motion an 2 representations madeby representations made by defense defense counsel counsel and and Ms. Ms. Pauline, Paulino, the Court Court finds finds that that the the Defendant Defendan "w 3 I

understands the serious nature.of understands the ofhis his conduct. conduct. Dr. Dr. Rapadas Rapadas observed observed that, that, although although Defendant, Defendant 4

5 during the interview, "did during the "did not not verbally verbally express express regret regret and and remorse, remorse, ... his behavior behavior and and pained paine

6 6 countenance at the countenance at the exam, exam, seem seem to to show show some compassion for for the victims victims rather rather than showing no 7 sympathy and blaming sympathy at all and blaming the the victim victim attitude which is often often seen in many criminal cases.97" seen in 8 Based upon Dr. Rapadas's observations observations and and conclusion, the Court finds that that Defendant Defendan 9 will be will be able able to tolearn learnand and master master skills which were skills which were never nevertaught taught to to him him by by aa responsible responsible parental parenta 10

11 figure during during his supervision supervision in in the Family Court. Court. In In this way, he will willbe be habilitated habilitated and and continue

12 12 to pursue his goals pursue his goals in in life life without the taint taint of of being aa convicted convicted felon felon and, and, indeed, indeed, one with with the 13 restrictions and prohibitions restrictions and prohibitions accompanying accompanyingaa conviction conviction for criminal criminal sexual sexual conduct. conduct. These Toes 14 14 considerations weigh weigh in favor of ofthe the transfer to the Family Court. 15 15

8. 8. Adequacy of ofpunishment punishment or services 16 16

17 The offense charged charged in this case case is a felony in in the the first first degree. degree. If Ifconvicted, convicted, Defendant Defendan 18 18 would be would be sentenced pursuantoto99GCA sentenced pursuant couldbe andcould 80.30and GCA§§ 80.30 besentenced sentencedtotofive five(5) (5)to to twenty twenty (20) (20) 19 years of imprisonment for each offense. Defendant Defendant has continued continuedto toremain remainin inthe thecustody custodyof ofDY DYA 20 20 pending the dismissal pending the dismissal of of the the case case upon upon the theexpiration expirationof of the the thirty thirty (30) (30) day day period in which the 21 21 People have to file file aa Petition Petition in in the the Family Court. He will will continue continue to remain remain in incustody custodyof ofDY DYA 22 22

23 until a proper placement is found and and as asmight mightbe beordered orderedby bythe theFamily Family Court. Court. Indeed, Indeed, the the Famil Family

24 Court may order Defendant remanded andhis remanded and hisliberty liberty denied denied until until the the age age of of 21, which which is is just just a 25 25 few months few months shy shy of ofthe the minimum minimum term term of incarceration for ofincarceration foreach each count. count. Thus, Thus, the the Court Court finds finds that tha 26 26

28 28 11 The The Court Court has has previously previously issued an Order After After Hearing Hearing compelling the Department ofof Youth Affairs to provide any assessment and treatment for behavioral behavioral health, neurological neurological health health and dental health and be responsible for the cost of of providing such services. Order After Hearing (June 28, 2024). . People People v. Gonzalez, Gonzalez, Jr. Jr. Criminal Case No. No. CF0806-23 Decision Decision and and Order Order Granting Motion to Transfer Case to Granting Motion to Family Court Page 8 of of 10 10 1 the Family Court Court may adequately punishthe adequately punish theDefendant Defendantfor forthe the offenses offenses to to which he he will admit admi 2 the Family when in the Family Court. These considerations weigh weigh in favor of ofthe the transfer to the Family Court. 3 CONCLUSION 4

5 Based Based on the the factors factors above, above, the the Court Court finds finds by by clear clear and and convincing convincing evidence evidence that tha

6 disposition in disposition in this this matter in in the Family Court Court is is in in the the best best interest interest of ofthe the minor minor and and in in the interests 7 of of justice. justice. As As directed directed by bythe thestatute, statute, the Court Court must must give great great weight weight to to the the seriousness seriousness of the 8 offense, offense; however, however,on onbalance, balance, the the Court Court finds finds that that Defendant's Defendant's adverse adverse childhood childhood experiences experiences and an 9 trauma, particularly the trauma, particularly theabuse abusehe hehimself himselfsuffered suffered as asaavery very young young child, child, which went ignored ignored and an 10 10

11 untreated by his untreated by his parent parent and andparent-figure parent-figurecontributed contributedsignificantly significantly to to the the Defendant's actions in

12 case. this case. 13 Moreover, Moreover,the the Court Court finds finds that that the Defendant's willingness to participate in the the services services oof 14 14 the the Family Court, progress in the the DYA DYA program, program, and and Ms. Ms. Yvonne YvonnePaulino's Paulino'sstatements statements suggest sugges 15 15 16 that the the Defendant has a significant significant chance chance for habilitation.2 As forhabi1itation.2 As such, such, the Court Court holds holds that that aa transfer 16

17 17 to the Family Family Court Court is is appropriate appropriate and and warranted. warranted.

18 18 Consequently, the Court Consequently, the Court hereby hereby GRANTS GRANTS Defendant's Defendant's Motion to Transfer Transfer to Family Famil 19 Could. Court. IT IS FURTHER FURTHER ORDERED that the the People, People, by and and through throughthe theFamily FamilyDivision Division ofthe I

20 20 Office Officeof ofthe the Attorney Attorney General, shall cause General, shall causetotobe befiled fileda juvenile juvenile delinquency delinquency Petitionwithin thirty 21

(30) days of of the the issuance issuance of this Order unless the time unless the time for for filing is is otherwise otherwise extended extended by this thi 22 22

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26 22 The The Court CoLu*t employsthe employs "habilitation"ininthis term"habilitation" theterm thisinstance instancerather ratherthan than"rehabilitation" "rehabilitation"because becausethe theword word "rehabilitate' "rehabilitate" is defined in Black's Black's lawlaw dictionary dictionary asas "restoration "restoration of ofan anindividual individual totoits its greatest greatest potential, potential, whether whether physically, physically 27 mentally, socially or vocationally." vocationally." InIn this this case, the forensic evaluation establishes establishes by by clear and and convincing convincing evidence that the Defendant has never had the the adult supervision which would would allow allow him him to to reach reach his his greatest greatest potential, potential, thus, 28 28 to "restore." there is nothing to "restore" Instead, Instead, transferring transferring this case to the family court is intended to allow Defendant to be "habilitated," that is, to learn and master brand new skills regarding appropriate behaviors and coping with with stressors stressor and trauma.

. People v. v. Gonzalez, Gonzalez, Jr. Criminal CriminalCase Case No. CF0806-23 CF0806-23 Decision Decision and and Order Granting Motion Motion to to Transfer Transfer Case to Family Case to Family Court Page Page 9 of of 10 10 I Court. Failure to tile file aa Petition Petition within within the the time time set set forth forth herein herein shall shall not not prevent this Court from 2 dismissing this case for the reasons set forth herein. 3 A Further Further Proceedings scheduled for A-MAAS{ Proceedings is scheduled IZ, Avlmvr IZ, '&:tJO , 2024, at 3=00 o.m. .m. 4 9 F I

55 so SO ORDERED ORDERED this R I M Ifl l I 1,01,t/ this (fU{,~ 'MM

8 BLE MARIA T. CENZON 9 Judge, Superior Court Judge, Court of Guam

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SERVICE am EMAIL SERVICE VIA EMAIi. 24 24 electronic I acknowledge that an electr0niL copy of the original was e-maile,J e-mailed to: to: 25 25

26 AG.,, fDSv P050 ....

27 27 7/n/2,me: `35 Date:7/tr/2J/nme: Date: ~ 33. ,.._ M Avrbnio 28 Deputy Clerk, S riot Court of Guam

People People v. v. Gonzalez, Gonzalez, Jr. Jr. Criminal Case Criminal Case No. CF0806-23 No. CF0806-23 Decision and Order Granting Decision and Granting Motion toto Transfer Case to Family Court Court Page 10 of Page 10 10 of 10