People v. John

Opinion

I

FILED. I SUPERIOR COURT OF GUAM 1 2018 Hi? 29 PM l=32 2 CLERK OF COURT 3

4 IN THE SUPERIOR COURT OF GUAM 49 ;~v,

5 6 THE PEOPLE OF GUAM, ) CRHVIINAL CASE nos. I ) CF0630- 16; CF0145-18 7 v. ) ) 8 JACKONIN JOHN, DECISION AND ORDER DENY]NG ) AKAJACKY JOHN, DOB: 11/01/1995, ) DEFENDANT'S MOTION TO RELEASE ON 9 PERS ONAL RECOGNIZANCE ) 10 DEFENDANT. ) ) 11 INTRODUCTION 12 13 This matter came before the Honorable Maria T. Cenzon on March 27, 2018 for

14 Defendant Jackonin John's ("Defendant") Motion to Release on Personal Recognizance (the

15 "Motion to Release"). Defendant was present and represented by Assistant Public Defender

16 Zachary Taimanglo. The People of Guam were represented by Assistant Attorney General Terry

17 VanEaton. Senior Probation Officer Jeanette Quintanilla was present for Adult Probation

18 Services. Having reviewed the parties' arguments, the record, and the relevant law, the Court

19 ruled from the bench DENYING Defendant's Motion to Release. The Court issues this Decision

20 and Order to memorialize its ruling.

21 BACKGROUND 22 In CF0630-16, Defendant was indicted on November 4, 2016 for Criminal Mischief (as a

23 Third Degree Felony). The allegations arise out of an incident on October 21, 2016, where

24 Defendant is alleged to have intentionally damaged the motor vehicle of J.C. Defendant is

25 alleged to have walked out on the middle of the road in Route 1 and as J.C.'s vehicle approached

26 Defendant, Defendant slammed or punched the passenger side of J.C.'s vehicle, (Decl. of Nicole

27 Griffin, Oct. 22, 2016). 28 People v. Jacklin John: CF0630-16; CF0145-18 D&O DENYING DEFENDANTS MOTION TO RELEASE ON PERSONAL RECOGNIZANCE Page 1 of 4 l _ _¢

1 In CF0145-18, Defendant was indicted on March 22, 2018 for Criminal Mischief (as a

2 Third Degree Felony) with a Special Allegation of Felony Committed on Release. The

3 allegations arise out of an incident on March ll, 2018, where Defendant allegedly hit and

4 shattered the passenger side window of a 1998 Sentra parked at the Alupang Sunset Gardens in

5 Tamuning.

6 Defendant filed the instant Motion to Release on March 20, 2018. The People did not file

7 an opposition and did not orally oppose to release. However, the People requested that the Court

8 advise Defendant. that any future non-compliance could place any potential plea agreement in

9 jeopardy. Probation recommended that Defendant is held in custody until all matters are resolved

10 or unless a Third Party Custodian can vouch for Defendant, considering that at least six

ll violations since 2015 were filed for non-compliance and those matters were a.il at pre-trial status.

12 LAW '13 Title 8 of the Guam Code Annotated ("GCA") § 40.15(b) provides that the Court must 14 "order the person charged to be released on recognizance, unless the judge detemzines, in his

15 discretion, on the basis of available information, that such a release will not reasonably assure

16 the appearance of the person as required or will endanger the safety of any other person or the

17 community." (emphasis added). In malting such a determination, the Court is guided by the

18 following factors: 19 (l) The nature of the offense charged, the apparent possibility of conviction and 20 the likely sentence, (2) The history and characteristics of the person charged, including: 21 (A) Length of his/her residence on Guam, (B) his/her employment status and history, and financial condition, 22 (C) his/her family ties and relationships 23 (D) his/her reputation, character, and mental and physical condition, (E) his/her prior criminal record, if any, including any record of prior release 24 on recognizance or on bail, (F) his/her history relating to drug or alcohol abuse, 25 (G) the identity of the reasonable members of the community who will vouch 26 for his/her reliability, (H) whether, at the time of the current offense or arrest, he/she was on 27 probation, on parole, or on other release pending trial, sentencing, appeal or 28 completion of sentence of an offense under federal, state or local law, and

People v. Juckonin John: CF0630-_6: CF0145-18 D & O D E N Y IN G D E F E N D A N T 'S MOT ION T O R EL EA SE ON PER SON A L R EC OGN IZ A N C E Page 2 off `-. /

(I) his/her history of compliance with other court orders , 1 (3) The nature and seriousness of the danger the person would pose to the 2 community or to any individual member thereof if released, (4) Statements of the alleged victim or others as to previous incidences of 3 violence and threats made to the alleged victim, (5) Lethality risk assessments or other risk assessments deemed appropriate by the 4 Judiciary of Guam, and 5 (6) Any other factors which bear on the risk of willful failure ro appear or the danger the person would pose to the community or to any individual member 6 thereof if released. 7 8 GCA §40.15(c) (emphasis added). 8 ANALYSIS

9 In support of the motion, Defendant relies on the nature of the offense and history and

10 character factors provided in Section 40.15(c). Particularly, defendant argues she is not a flight

11 risk because she was born and raised on Guam and has nowhere else to go. (Def. Mot. to

12 Release, at p. 1, Mar. 20, 2018). Additionally, that she is not a danger to the community since

13 she is not alleged to have caused any personal injuries in these cases. Id. Further, that she will 14 abide by any release conditions. Id. 15 However, the Court is concerned of the substantial risk of Defendant's non-appearance 16 and ability to appear when required. Defendant's prior criminal record, that she was on pre-trial 17 release at the time of the current offense, and factors suggesting the risk of willful failure to 18 appear causes the Court apprehension in granting release for personal recognizance. Specifically, 19 since Defendant only appears in court after she is re-arrested and picks up a new case. For 20 example, a bench warrant was issued for Defendant in April, 2016 for failure to report to 21 probation in CM0869-15, Defendant was apprehended in October 2016 after she was arrested 22 and picked up another case (CF0630-16). Another bench warrant was issued for Defendant in 23 December, 2016 for failure to report in CM0869-15, Defendant was apprehended in 2018, twti 24 years later, after she was arrested and picked up another case (CF0145-1.8). 25 Based on the consideration of the available information, most importantly Defendant's 26 consistent failure to appear and abide by pre-trial release conditions, the Court detemlines that 27 Defendant's release will not reasonably assure her appearance as required. 28

People v. Jacklin John: CF0630-16; cF0145-ls D&O DENYING DEFENDANT'S MOTION TO RELEASE ON PERSONAL RECOGNIZANCE Page 3 of 4 '1 f \ _; _ _

CONCLUSION 1 For the reasons stated above, the Court hereby DENIES Defendant's Motion to Release 2 on Personal Recognizance. 3

4 5 A Pre-trial Conference is scheduled for April 10, 2018 Ar 11:00 a.m.

6 MAR Gs 2018 7 S0 ORDERED this nuns pro tune March 27, 2018.

9 c

10 NOR LEMA iT_. CENZON 11 s Up E mo c @ uT O F GUAM 12 / r /_ . 13 . ' .,""_-'

16 SERVICE vIA COURT BOX lacknowladge thata copy of the 17 original hereto wasplaced inthe

18 c TOWT JJ Mac, 19 Date: / mm= /-' 552 20 Deputy CIeH¢,»&§;¢t€ri0r Court of Guam 21

24 I

27. 28 . People v. Jacklin John: CF0630-16; CFOl45-18 DSLO DENYING DEFENDANTIS MOTION TO RELEASE ON PERSONAL RECOGNIZANCE Page 4 of 4