People v. Jordan

• Court: Superior Court of Guam
• Decided: February 2, 2023
• Docket: CF0437-22
• Status: Unknown

Opinion

| *FiLEL I I 3UpERI(H-I COURT QFQUAM

l 2023 FEB -2 PH 5=0l CLERK UF CUURT I

2 I 3 58' "1" I__*.____

4 IN THE SUPERIOR COURT OF GUAM 5 6 PEOPLE OF GUAM, ) CRIMINAL CASE NO. CF0437-22 ) GPD Report No.: 22- I 6606 7 vs. ) ) 8 ISMAEL RAHEIM DE-ANGELO JORDAN ) DECISION AND ORDER DOB: 12;08;1993 ) REDUCING FELONY FAMILY 9 VIOLENCE CHARGE TO i ) 10 Defendant. ) A MISDEMEANOR n I I I. INTRODUCTION 12 I This matter came before the Honorable Judge Maria T. Cenzon on November 22, 2022 13

14 for a Motion Hearing on Ismael Anaheim De-Angelo Jordan's (the "Defendant") motion to reduce

[5 his felony family violence charge to a misdemeanor or, alternatively, to dismiss the charge (the

16 "Motion"). The Defendant was not present, however, Attorney William Pole appeared on his 17 I behalf and waived Defendant's app clarance for the purpose of the hearing. No representative from 18 I the Office of the Attorney General appeared. After reviewing the Defendant's brief, oral 19 20 argument, the underlying record, and the applicable case law and statutes, the Court QRANTED | 21 nDefendant's Motion from the bench and now issues this Decision and Order memorializing its

22 ruling. . 23 11. BACKGROUND

; On July 8, 2022, the Defendant was indicted by a grand jury on charges of

26 nAGGRAVATED ASSAULT (As a 3rd Degree Felony); FAMILY VIOLENCE (As a 3rd Degree I 27 n I Page l of 7' 28 I People v. Jordan, CF0437-22 I Decision& Order I

Felony), and FAMILY VIOLENCE (As a Misdemeanor).' The Defendant is accused of assaulting l

2 Belinda Calif Rosario (the "Victim") on or about June 23, 2022. Magistrate's Comal. (June 24,

3 '2022). The Victim was apparently admitted to the hospital after the incident, rating her pain a I 4 | l | , nlne out of 10, and complained ofhavmg trouble speaking. Id.

The Defendant moved for the Second Charge of FAMILY VIOLENCE (As a 3rd Degree 6

7 Felony) to be reduced to a misdemeanor pursuant to 9 GCA §30.20. In the alterative, Defendant

8 asked the Court to dismiss the charge. In support, the Defendant asserted that there is no evidence

9 to prove this incident occurred. See DefT.'s Br. at 2 ("No marks where[sic] found on the alleged 10 victim, the victim said she was going to go to the hospital on her own, but no evidence that she

went has been presented."). The Defendant also proposed that "[t]he Office of the Attorney 12 13 General already charged out Family Violence as a Misdemeanor as charge three of the complaint. I I

14 This does not seem to be a separate charge, but rather a lesser included to charge two." Id. at I.

15 Because of this, Defendant contests, then all seven factors of 9 GCA § 30.20 go in favor of I

16 I reducing the charge if not an outright dismissal of the charge. IT The Defendant claims to be employed with no history of violence and is "willing to go 18 I

19 through any treatment recommendations and orders of the Court if applicable." Id. at 2. Probation

20 similarly found the Defendant has "[n]o prior records of arrests." Magistrate Sur nm. Report (June 21 l24, 2022). The People did not file a response nor appear at the noticed hearing. 22 n,Rx 23 24 ,v 25 I 26

27 1 Indictment (July 8, 2022), Page 2 of? 28 People v. Jordan, CF0437-22 Decision & Order

I

I III. DISCUSSION l

2 A. Motion to Reduce Felony Family Violence Charge to a Misdemeanor

3 9 GCA §30.20(b) permits the Court to use its discretion to reduce a felony family violence

4 charge to a misdemeanor after considering the following factors: 5 (l) the extent or seriousness of the victim's injuries, 6 (2) the defendant's history of violence against the same victim whether charged or uncharged, *n (3) the use of a gun or other weapon by the defendant, s (4) the defendant's prior criminal history, I (5) the victim's attitude and conduct regarding the incident, I

9 (6) the involvement of alcohol or other substance, and the defendant's history of substance abuse as reflected in the defendant's criminal history and other 10 sources, and (7) the defendant's history of and amenability to counseling

12 I9 GcA§30.20(¢). 13 1. The extent or seriousness of the Victim's injuries. 14 The Magistrate Complaint portrays an alarming illustration of the Defendant's allegecl 15 actions. The Victim stated that she was picked up by her neck and head area, felt pain, and started 16

17 to punch and kick in effort to escape the Defendant's grasp. She later allegedly went to the

is = emergency room, rated her pain as 9 out of 10 and could not speak. The Defendant counters that 19 | | , | , 0 I . there is no sign of physical Inc Arles nor any evidence she actually presented herself to the hospital. 20 Despite Defendant's contest to the sufficiency of the evidence, the accusations are serious and, 21

22 despite that no prosecutor appeared at the hearing on this matTer to provide the Court with

23 information regarding the strength of its case, this factor weighs against reduction.

24 2. Defendant's- history of violence against the same victim whether charged 25 or uncharged. I 26 I Defendant states in his brief that he has "no history of violence." Detlt.'s Br. at 3. Nothing

ZT on the record suggests Defendant has previously aggrieved the Victim. Probation Service Division Page 3 of? 28 People v. Jordan, CF0437-22 Decision & Order I

I ("Probation") also confirms that the Defendant has no prior history of violence against this nor any 1

2 other person. This factor weighs in favor of reducing the charge.

3 3. The use of a gun or other weapon by the Defendant. 4 I The Magistrate's Complaint describes the Defendant using his hands to allegedly hurt the 5 n Victim. No mention of a weapon appears. Nothing in the record othewvise suggests a weapon was 6 involved. This factor weighs in favor of reducing the charge. 7

8 4. The Defendant's prior criminal history.

9 Probation submitted that the Defendant has "[n]o prior records of arrests." Magistrate

10 Summ. Report, This factor weighs in favor of reducing the charge. 11 S. The Victim's attitude and conduct regarding the incident. 12 The Victim submitted a signed and notarized statement expressing her desire to have the 13

14 Defendant's case dismissed. See Sealed Filing (Nov. 22, 2022). This follows a similar statement

15 the Victim made to the People requesting the charges be dropped. See Sealed Filing (Sept. 19,

16 I 2022). The Victim's statements manifest an altitude towards the incident that is favorable to the 17 i Defendant. Therefore, this factor weighs in favor of reducing the charge. 18 6. The involvement of alcohol or other substance, and the Defendant's history 19 of substance abuse as reflected in the Defendant's criminal history and 20 other sources.

21 The Magistrate's Complaint does not mention alcohol nor any other substances and nothing

22 n else in the record suggests that alcohol was involved. Since the Defendant does not have a criminal 23 I record, his criminal history or lack thereof also does not speak to a history of any alcohol or 24 I substance abuse. Furthermore, Magistrate Judge Quam granted Me Defendant pretrial release in. 25

26 this case under certain conditions, including that the Defendant not possess or consume alcohol,

27 . illegal controlled substances, or marijuana. Order of Conditional Release 11 12 (June 24, 2022). Page 4 of 7 28 People v. Jordan, CF043?-22 Decision & Order

I I I I I

The Defendant has not incurred a violation of those conditions to date. This factor weighs toward l

2 reducing the charge.

3 T. The Defendant's history of and amenability to counseling. 4 In his moving papers, the Defendant stated that he is "willing to go through any treatment 5 | recommendations and order of the Court if applicable." The Defendant's pledge alone suggests his 6 7 amenable to counseling. Beyond words, the Court was informed during the hearing that the

I s Defendant has already begun an anger management and family counseling program. Hr'g Tr. at

9 1:48 PM (Nov. 22, 2022). On January 3, 2023, the Court received information that the Defendant' 10 is participating in treatment programs with his base command. This factor thus weighs towards 11 reducing the charge. 12 In all, six the seven factors weigh in favor of reducing the charge. Thus, Defendant's 13

14 Second Charge of Family Violence (As a 3rd Degree Felony) shall be reduced to a misdemeanor

15 pursuant to 9 GCA § 30.20. I

16 B. Defendant's Motion to Dismiss the Felony Family Violence Charge. IT Defendant alternatively requested that the felony family violence charge be dismissed IB

19 largely upon the grounds that there is no evidence that the incident occurred. See Def.'s Br. at 2.

20 Under an insufficiency of evidence argument, the Court must view the evidence in the light most I

21 favorable to the People and then "evaluate[] whether there is enough direct OI' circumstantial 22 evidence presented so reasonable inferences may be drawn supporting each element of the crime 23 charged." People v. Pfnaula, 2022 Guam 3 'it 62. "Entirely circumstantial evidence may be 24

25 sufficient." Id. At present, and at a minimum, it seems the Victim could provide testimony against

26 I the Defendant despite her stated desire that Defendant not be prosecuted for the crimes as alleged.

2? | Page 5 of T 28 I People v, Jordan, CF0437-22 Decision 8: Order

n This testimony alone would suffice.See United Stores v. Lopez Garcia, 672 F. ad 58, 61 (l st Cir.

2 2012) ("[t]estimony from a single witness can be enough to support a conviction.").

Guam law is clear that "[a]n issue of fact shall be tried by azury if azury trial is required I 4 | . . and not waived." 8 GCA § 65.40. The Guam Supreme Court has also previously held that no 5 "prosecution [should] thereon [be] prohibited if there is some rational ground for assuming the 6 7 possibility that an offense has been committed and the accused is guilty of it." People v. San

s Nfcofas, 2013 Guam 21 1121 (quoting Roads v. Superior Cozlrt In & For Cary. of Siskiyo u, 80 i

I I

9 Cal. Rptr. 169, 171 (Cr. App. l 969)). A grand jury was presented with evidence and on the 10 strength of that evidence the grand jury issued a true bill indicting the Defendant. A grand jury

indicts "when from the evidence presented, there is reasonable cause to believe that an indictable 12

13 offense has been committed and that the defendant committed it." 8 GCA § 50.54(b) (2013).

14 "Reasonable cause amounts to evidence such that a man of ordinary caution or prudence would

15 be led to believe and conscientiously entertain a strong suspicion of the guilt of the accused." 16 People v. Gmjo, 1987 WL 109393 at* 2 (D. Guam Feb. 12, 198T) (citations omitted). Therefore, | 17 a Grand Jury has already found that a reasonable finder of fact could very well determine that the E is 19 Defendant acted as charged. Thus, the question of Defendant's guilt beyond a reasonable doubt

20 from all of the evidence presented, is a matter for the petit jury. 21 Notwithstanding this finding, however, the Court has granted Defendant's Motion to I

22 Reduce the felony charge to a misdemeanor, therefore, the Second Charge shall proceed as a | 23 Misdemeanor. It is unclear whether the Third Charge is based upon the same facts upon which 24

25 the felony charge was based, therefore, the Court will not dismiss Charge Three of the Indictment I

26 unless there is good cause to do so. 2? I Page 6 of 7 28 People v. Jordan, CF0437-22 Decision & Order I I II .

IV. CONCLUSION I I

2 For the reasons states above, the Court hereby GRANTS Defendant's Motion to reduce

3 the Family Violence (As a Third Degree Felony) to a misdemeanor. The Court's decision herein 4 does not affect Charge One, Aggravated Assault (As a 3rd Degree Felony) nor Charge Three, 5 Family Violence (As a Misdemeanor). 6 The People are ORDERED to file an Amended Indictment consistent with the Court's 'If'

8 Decision and Order herein within thirty (30) days of the entry of this Decision on the docket.

g I tEB 022ir23 SO ORDERED this 10

HON LE MARIA T. CENZON Judge Sup Flor Court of Guam 13

I 14

IT

22 I

25 I 26 I 27

Page 7 of 7 28 People v. Jordan, CF0437-22 Decision & Order I