Ft LED SUPERIOR COURT 1 OF GUAM
2 202~ MAR 14 ~fi 2t 2,1 3 CLERK OF COURT 4 IN THE SUPERIOR COURT OF GUAiif :"_ _ _ _ _ __ ~ 5 6 PEOPLE OF GUAM, Criminal Case No. CF0299-22 GPD Report No. 22-12100 7 v. DECISION AND ORDER GRANTING 8 MATTHEW OTIS JOHN PEOPLE'S MOTION TO REVOKE (aka MATTHEW W. JOHN) PROBATION AND IMPOSE JAIL 9 (aka MATTHEW JOHN) SENTENCE 10 (aka MATTHEW JOHN WIA), DOB: 09/21/1990 11 Defendant. 12
13 INTRODUCTION
14 This matter came before the Honorable Alberto C. Lamorena, III on March 7, 2024 for a 15 evocation Hearing in the above-captioned matter related to Matthew Otis John's (aka Matthew 16 . 'John's) (aka Matthew John's) (aka Matthew John Wia's) ("Defendant's") failure to abide by 17 is probationary terms. Defendant was represented by As~istant Public Defender Renita Taimanao . 18 .. 19 he People of Guam were represented by Assistant Attorney General Randall Albright. Having
20 duly considered the Parties' briefs, oral arguments, and the applicable law, the Court now issues the 21 allowing Decision and Order Granting Revocation of Probation. 22 BACKGROUND 23 On June 24, 2022, Defendant pled guilty to Assault (as a Misdemeanor). See Judgment of 24
25 Conviction (Aug. 1, 2022). A judgment was entered imposing the following relevant conditions of 26 robation:
27 • MANDATORY REPORTING: Defendant shall report to the Adult Probation 28 Office for intake and processing within forty-eight (48) hours of sentencing.
Decision and Order Granting People's Motion to Revoke Probation and Impose Jail Sentence CF0299-22, People of Guam v. Matthew Otis John Page 1 of5 1 • LAWS: Defendant shall obey all federal and local laws of Guam. 2 • STAY AWAY FROM VICTIM: Defendant shall stay away, directly, and 3 indirectly from Leandra Ragimoothau and shall not contact the same by telephone, 4 in writing, via email, via text message, through social media, via any electronic . 5 device, or through a third-party, including a family member or friend.
6 • STAY AWAY FROM VICTIM: Defendant shall not come within five hundred 7 (500) feet of Leandra Ragimoothau. 8 • STAY AWAY FROM VICTIM: Defendant shall stay away from the residence, 9 dwelling, school, day care center, or place of employment of Leandra 10 Ragimoothau, or any other specified place, and shall not come within five hundred 11 (500) feet of the above specified places. 12 • HARRASSING OR HARMING VICTIM: Defendant shall not harass, threaten, 13 physically strike, or injure Leandra Ragimoothau. 14 • HARRASSING OR HARMING VICTIM: Defendant shall refrain from 15 threatening to commit or committing acts of family violence against, or from 16 harassing, annoying, or molesting Leandra Ragimoothau, a family or household 17 member, or any person named in the court order, including any and all witnesses. 18
19 On July 5, 2022, a Violation Report was filed indicating that Defendant had failed to report to 20 he Adult Probation Office for intake and processing within forty-eight (48) hours of being released.
21 See Violation Report (Jul. 5, 2022). The report also indicated that just two days after his release form
22 ·ncarceration, Defendant had been arrested in CF0446-22 on charges of Terrorizing (as a 3 rd Degree
23 elony), Making a False Report (as a Misdemeanor), Disorderly Conduct (as a Petty Misdemeanor), 24 and Public Drunkenness (as a Violation). Id. Defendant would ultimately plead guilty and be 25 convicted of Disorderly Conduct (as a Petty Misdemeanor) and Public Drunkenness (as a Violation).
26 See CF0446-22 Judgement of Conviction (Sep. 13, 2022).
Decision and Order Granting People's Motion to Revoke Probation and Impose Jail Sentence CF0299-22, People of Guam v. Matthew Otis John Page 2 of5 1 On September 26, 2022, another Violation Report was filed indicating that Defendant hadn't
2 rovided current contact information to the Adult Probation Office, and that the Adult Probation
3 Office was unable to locate Defendant. See Violation Report (Sep. 26, 2022).
4 On August 1, 2023, another Violation Report was filed indicating that Defendant had been
5 arrested in CF0499-23 and indicted on charges of Family Violence ( as a 3rd Degree Felony) (Three
6 ounts) and Assault of an Unborn Child (as a Misdemeanor). See Violation Report (Aug. 1, 2023).
7 he victim in that case was Leandra Ragimoothau, the same victim of Defendant's assault in this
8 current matter, and a person who Defendant was ordered to stay away from. Id.
9 On August 7, 2023, the People filed their Motion to Revoke Defendant's Probation and
lO mpose Jail Sentence ("Motion"). The People base their request on Defendant's multiple arrests 11 nd repeated failures to report to the Adult Probation Office since entering probation. See Motion 12 (Aug. 7, 2023). 13 On March 7, 2024, the Court held a Revocation Hearing and subsequently took the matter 14
15 oder advisement. See Minute Entry (Mar. 7, 2024).
16 DISCUSSION 17 Guam law specifies the procedures that the Court must follow for revocation of probation. 18 he relevant statute, in its entirety, states as follows: 19 [T]he court, if satisfied that the offender has inexcusably failed to comply with a 20 substantial requirement imposed as a condition of the order may revoke the suspension or probation and sentence or re-sentence the offender. Violation of a 21 condition shall not result in revocation, however, unless the court determines that 22 revocation under all the circumstances then existing will best satisfy the ends of justice and the best interests of the public. 23 See 9 G.C.A. § 80.66(a)(2) (1980). 24
25 The process for revoking an offender's probation has been further explained by the Guam
26 Supreme Court as follows: 27 Probation revocation is a two-step process. First, the trial court must make a factual 28 determination that a violation of probation actually has occurred. If a violation is
Decision and Order Granting People's Motion to Revoke Probation and Impose Jail Sentence CF0299-22, People of Guam v. Matthew Otis John Page 3 of5 1 proven, then the Court must determine if the violation warrants revocation of the probation. 2 See People of Guam v. Camacho, 2009 Guam 6 ,i 27 (internal citations omitted). To revoke a 3 4 defendant's probation, evidence and facts presented to the Court must be "reasonably necessary to
5 satisfy the judge that the probationer's conduct has not been as required by the conditions of 6 robation." Id. at ,i 30 (citing People v. Angoco, 1998 Guam 10). 7 The Court also cannot order revocation unless the offender is provided with written notice 8 of grounds for revocation of probation. See 9 G.C.A. § 80.68( a). At the hearing, the offender shall 9
10 "have the right to hear and controvert the evidence against him, to offer evidence in his defense and
11 o be represented by counsel." Id. Should the Court revoke an offender's probation, "it may impose
12 on the offender any sentence that might have been imposed originally for the crime of which he
13 as convicted." See 9 G.C.A. § 80.66(b). 14 It remains undisputed that Defendant violated his probation conditions and that there is 15 robable cause to support the violations. Since entering probation, Defendant failed to timely report 16 17 o the Adult Probation Office for his required intake/processing. Furthermore, Defendant was
18 convicted of Disorderly Conduct (as a Petty Misdemeanor) and Public Drunkenness (as a Violation) 19 ·n CF0446-22. Defendant was also indicted on charges of Family Violence (as a 3rd Degree Felony)
20 (Three Counts) and Assault of an Unborn Child (as a Misdemeanor) in CF0499-23.
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Ft LED SUPERIOR COURT 1 OF GUAM
2 202~ MAR 14 ~fi 2t 2,1 3 CLERK OF COURT 4 IN THE SUPERIOR COURT OF GUAiif :"_ _ _ _ _ __ ~ 5 6 PEOPLE OF GUAM, Criminal Case No. CF0299-22 GPD Report No. 22-12100 7 v. DECISION AND ORDER GRANTING 8 MATTHEW OTIS JOHN PEOPLE'S MOTION TO REVOKE (aka MATTHEW W. JOHN) PROBATION AND IMPOSE JAIL 9 (aka MATTHEW JOHN) SENTENCE 10 (aka MATTHEW JOHN WIA), DOB: 09/21/1990 11 Defendant. 12
13 INTRODUCTION
14 This matter came before the Honorable Alberto C. Lamorena, III on March 7, 2024 for a 15 evocation Hearing in the above-captioned matter related to Matthew Otis John's (aka Matthew 16 . 'John's) (aka Matthew John's) (aka Matthew John Wia's) ("Defendant's") failure to abide by 17 is probationary terms. Defendant was represented by As~istant Public Defender Renita Taimanao . 18 .. 19 he People of Guam were represented by Assistant Attorney General Randall Albright. Having
20 duly considered the Parties' briefs, oral arguments, and the applicable law, the Court now issues the 21 allowing Decision and Order Granting Revocation of Probation. 22 BACKGROUND 23 On June 24, 2022, Defendant pled guilty to Assault (as a Misdemeanor). See Judgment of 24
25 Conviction (Aug. 1, 2022). A judgment was entered imposing the following relevant conditions of 26 robation:
27 • MANDATORY REPORTING: Defendant shall report to the Adult Probation 28 Office for intake and processing within forty-eight (48) hours of sentencing.
Decision and Order Granting People's Motion to Revoke Probation and Impose Jail Sentence CF0299-22, People of Guam v. Matthew Otis John Page 1 of5 1 • LAWS: Defendant shall obey all federal and local laws of Guam. 2 • STAY AWAY FROM VICTIM: Defendant shall stay away, directly, and 3 indirectly from Leandra Ragimoothau and shall not contact the same by telephone, 4 in writing, via email, via text message, through social media, via any electronic . 5 device, or through a third-party, including a family member or friend.
6 • STAY AWAY FROM VICTIM: Defendant shall not come within five hundred 7 (500) feet of Leandra Ragimoothau. 8 • STAY AWAY FROM VICTIM: Defendant shall stay away from the residence, 9 dwelling, school, day care center, or place of employment of Leandra 10 Ragimoothau, or any other specified place, and shall not come within five hundred 11 (500) feet of the above specified places. 12 • HARRASSING OR HARMING VICTIM: Defendant shall not harass, threaten, 13 physically strike, or injure Leandra Ragimoothau. 14 • HARRASSING OR HARMING VICTIM: Defendant shall refrain from 15 threatening to commit or committing acts of family violence against, or from 16 harassing, annoying, or molesting Leandra Ragimoothau, a family or household 17 member, or any person named in the court order, including any and all witnesses. 18
19 On July 5, 2022, a Violation Report was filed indicating that Defendant had failed to report to 20 he Adult Probation Office for intake and processing within forty-eight (48) hours of being released.
21 See Violation Report (Jul. 5, 2022). The report also indicated that just two days after his release form
22 ·ncarceration, Defendant had been arrested in CF0446-22 on charges of Terrorizing (as a 3 rd Degree
23 elony), Making a False Report (as a Misdemeanor), Disorderly Conduct (as a Petty Misdemeanor), 24 and Public Drunkenness (as a Violation). Id. Defendant would ultimately plead guilty and be 25 convicted of Disorderly Conduct (as a Petty Misdemeanor) and Public Drunkenness (as a Violation).
26 See CF0446-22 Judgement of Conviction (Sep. 13, 2022).
Decision and Order Granting People's Motion to Revoke Probation and Impose Jail Sentence CF0299-22, People of Guam v. Matthew Otis John Page 2 of5 1 On September 26, 2022, another Violation Report was filed indicating that Defendant hadn't
2 rovided current contact information to the Adult Probation Office, and that the Adult Probation
3 Office was unable to locate Defendant. See Violation Report (Sep. 26, 2022).
4 On August 1, 2023, another Violation Report was filed indicating that Defendant had been
5 arrested in CF0499-23 and indicted on charges of Family Violence ( as a 3rd Degree Felony) (Three
6 ounts) and Assault of an Unborn Child (as a Misdemeanor). See Violation Report (Aug. 1, 2023).
7 he victim in that case was Leandra Ragimoothau, the same victim of Defendant's assault in this
8 current matter, and a person who Defendant was ordered to stay away from. Id.
9 On August 7, 2023, the People filed their Motion to Revoke Defendant's Probation and
lO mpose Jail Sentence ("Motion"). The People base their request on Defendant's multiple arrests 11 nd repeated failures to report to the Adult Probation Office since entering probation. See Motion 12 (Aug. 7, 2023). 13 On March 7, 2024, the Court held a Revocation Hearing and subsequently took the matter 14
15 oder advisement. See Minute Entry (Mar. 7, 2024).
16 DISCUSSION 17 Guam law specifies the procedures that the Court must follow for revocation of probation. 18 he relevant statute, in its entirety, states as follows: 19 [T]he court, if satisfied that the offender has inexcusably failed to comply with a 20 substantial requirement imposed as a condition of the order may revoke the suspension or probation and sentence or re-sentence the offender. Violation of a 21 condition shall not result in revocation, however, unless the court determines that 22 revocation under all the circumstances then existing will best satisfy the ends of justice and the best interests of the public. 23 See 9 G.C.A. § 80.66(a)(2) (1980). 24
25 The process for revoking an offender's probation has been further explained by the Guam
26 Supreme Court as follows: 27 Probation revocation is a two-step process. First, the trial court must make a factual 28 determination that a violation of probation actually has occurred. If a violation is
Decision and Order Granting People's Motion to Revoke Probation and Impose Jail Sentence CF0299-22, People of Guam v. Matthew Otis John Page 3 of5 1 proven, then the Court must determine if the violation warrants revocation of the probation. 2 See People of Guam v. Camacho, 2009 Guam 6 ,i 27 (internal citations omitted). To revoke a 3 4 defendant's probation, evidence and facts presented to the Court must be "reasonably necessary to
5 satisfy the judge that the probationer's conduct has not been as required by the conditions of 6 robation." Id. at ,i 30 (citing People v. Angoco, 1998 Guam 10). 7 The Court also cannot order revocation unless the offender is provided with written notice 8 of grounds for revocation of probation. See 9 G.C.A. § 80.68( a). At the hearing, the offender shall 9
10 "have the right to hear and controvert the evidence against him, to offer evidence in his defense and
11 o be represented by counsel." Id. Should the Court revoke an offender's probation, "it may impose
12 on the offender any sentence that might have been imposed originally for the crime of which he
13 as convicted." See 9 G.C.A. § 80.66(b). 14 It remains undisputed that Defendant violated his probation conditions and that there is 15 robable cause to support the violations. Since entering probation, Defendant failed to timely report 16 17 o the Adult Probation Office for his required intake/processing. Furthermore, Defendant was
18 convicted of Disorderly Conduct (as a Petty Misdemeanor) and Public Drunkenness (as a Violation) 19 ·n CF0446-22. Defendant was also indicted on charges of Family Violence (as a 3rd Degree Felony)
20 (Three Counts) and Assault of an Unborn Child (as a Misdemeanor) in CF0499-23. This directly 21 conflicts with Defendant's probationary conditions that he obey all federal and local laws of Guam. 22 urthermore, the alleged victim in CF0499-23 is the same victim whom Defendant assaulted in this 23 24 case. This directly conflicts with Defendant's probation conditions that he stay away from the
25 ictim and not harass or harm her. 26 Having found that Defendant was in yiolation of his probation requirements, the next 27 question the Court must resolve is whether "revocation under all the circumstances ... will best 28 satisfy the ends of justice and the best interests of the public." See 9 G.C.A. § 80.66(a)(2). Decision and Order Granting People's Motion to Revoke Probation and Impose Jail Sentence CF0299-22, People of Guam v. Matthew Otis John Page 4 of5 1 Based on a review of the record, it is clear that Defendant has exhausted the trust of the
2 Court by violating several probationary conditions. Defendant's violations are serious in nature,
3 and they started within days of him entering probation. This indicates Defendant's clear disregard 4 for and inability to comply with his probationary requirements. 5 Were probation continued, it appears unlikely that any significant progress would be made 6 7 ·n positively altering Defendant's behavior and ensuring compliance with the Court's orders.
8 herefore, the Court finds that revocation is in the public's best interest and satisfies the ends of
9 ·ustice. See 9 GCA § 80.66(a)(2).
10 CONCLUSION 11 For the reasons stated above, the Court hereby REVOKES the Defendant's probation in the 12 above-captioned matter. The Defendant is hereby SENTENCED to one (1) year incarceration at 13 14 he Department of Corrections, Mangilao with credit for time served. After the completion of the
15 efendant's sentence the Court shall close the above-captioned case. 16
21 HONORABLE'i\:LBERTO C. LAMORENA III "-' - /
Presiding Judge, Superior Court of Guam 22
23 SIERVICF. VIA EMAll 24 1acknowledge that an electronic copy of the original was e-mailed to: 25
27 ~ ~o_&_ Deputy Clerk, Superior Court of Guam 28
Decision and Order Granting People's Motion to Revoke Probation and Impose Jail Sentence CF0299-22, People of Guam v. Matthew Otis John Page 5 of5