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6 IN THE SUPERIOR COURT OF GUAM 7 PEOPLE OF GUAM, ) CRIMINAL CASE NO. CF0128-21 8 ) GPD Report No.: 21-05037/21-05743 ) 9 vs . ) 10 ) DECISION AND ORDER RE. ) GRANTING REVOCATION 11 ) OF PROBATION
12 TAICHY REP AKY, ) (aka Rebki, aka Taichy Usefich) ) 13 DOB: 08/05/1992 ) ) 14 INTRODUCTION 15
16 This matter came before the Honorable Maria T. Cenzon on April 26, 2023 for a Motion
17 Hearing in the above-captioned matter upon the People's Motion to Revoke Defendant's
18 Probation. Defendant, Taichy Repaky, was present with counsel Assistant Public Defender Peter 19 Santos. Also present were Assistant Attorney General Grant Olan for the People, Mike Pocaigue 20 for the Probation Office, and Karma Hilbert for the Court's Chuukese Interpreter. During the 21
22 Motion Hearing, the Court revoked the Defendant's probation, sentenced defendant to two (2)
23 years incarceration, and now issues this written decision memorializing its ruling. 24 BACKGROUND 25 In CF0128-21, Defendant, Taichy Repaky, was charged with 1) Aggravated Assault (As a 26
27 Third Degree Felony), 2) Family Violence (As a Third Degree Felony), 3) Assault on a Peace People of Guam vs. Taichy Repaky 28 Criminal Case No. CF0128-2 l Decision & Order Re. Granting Revocation of Probation Page l ofl6 Officer (As a Third Degree Felony), and 4) Felony Escape (As a Third Degree Felony). Indictment, l 2 Mar. 15, 2021. The charges stem from two (2) incidents. The first incident occurred on or about
3 February 26, 2021 when Defendant allegedly assaulted Vivian Harmon, victim, by physically 4 . . . . pushing her out of the passenger seat of a st1l1-movmg Toyota Camry. Maglstrate's Con pl. Deal., 5 March 8, 2021. The second incident occurred on or about March 6, 2021 when Defendant allegedly 6 7 assaulted Guam Police Department Officer J.R. Cruz as Defendant was attempting to escape. Id.
8 On May 4, 2021, Defendant plead guilty to: 1) Assault (as a Misdemeanor) as a lesser-
9 included offense to the Third Charge of Assault on a Police Officer (As a Third Degree Felony),
10 and 2) Ordinary Escape (As a Misdemeanor) as a lesser-included offense to the Fourth Charge of 11 Felony Escape (As a third Degree Felony). Judgment of Conviction (Guilty Plea Agreement), May 12
13 26, 2021. Defendant was sentenced to one (1) year at the Department of Corrections, all but sixty
14 (60) days suspended with credit for time served, and to two (2) years supervised probation with
15 Adult Probation Services Division. Id. Defendant was also required to pay a $100 fine and $80 16 court costs. Id. The Judgment also indicated that Defendant shall be liable for full restitution to l7 18 victim, GPD Officer J.R. Cruz. Id. Lastly, Defendant was also required to perform 150 hours of
19 community service with the Adult Probation Services Division. Id.
20 Two violations reports were filed by the Adult Probation Services Division. For the first 21 violation, Probation Officer John F. Ulloa reported that the probationer violated the condition that 22 he obey all local and federal laws. Violation Report, December 16, 2021. On December 10, 202 l 23 24 at a Magistrate's hearing, the probationer was charged with Assault on a Police Officer, Resisting
25 Arrest and Disorderly Conduct in CF0631-21. Id. The probationer was held on $5,000 cash bail in
27 People of Guam vs. Taiehy Repaky 28 Criminal Case No. CF0128-2 l Decision & Order Re. Granting Revocation of Probation Page 2 of f that case. Id. For the second violation, Probation Officer John F. Ulloa reported that the Defendant l
2 violated the following conditions of probation:
3 1. Probationer shall report to Client Services & Family Counseling for assessment. The probationer report for processing on May 10, 2021 and was instructed to report back 4 for an assessment but as of February 9, 2022, probationer has failed to do so. 5 2. The probationer shall pay a $80 court cost and $100 fine. As of February 9, 2022, the probation has made no payments to his court cost and fine. 6 3. The probationer shall perform 150 hours of community service. As of February 9, 2022, probation has yet to complete any of the required hours with his balance still at 150 7 hours. 8 Second Violation Report, February 10, 2022. The probation officer also noted in the report that a 9 10 Warrant for Arrest was issued by Magistrate Judge Jonathan Quam in CF0631-21 on February 5,
ll 2022. Id.
12 On February 23, 2022, the Court issued a Warrant for Arrest for this matter. Warrant of
13 Arrest, February 23, 2022. Bail was affixed at $2,000. Id. A Return of Warrant indicated that 14 Defendant was arrested and in Marshal Custody on February 28, 2022. On the same day, a 15 16 Commitment Order indicated that Defendant be held in the Department of Corrections pending
17 remand on Warrant on Arrest and next hearing date on March 11, 2022 at 1 :OOPM via Zoom. After
18 the hearing, Defendant was released from the Department of Corrections and was ordered by the 19 Court to report to Probation the following business day no later than 9:00AM in person. Release 20
from Confinement, March 11, 2022. 21
22 On October 10, 2022, the Court filed a Summons commanding Defendant to appear before
23 the Court for a Violation Hearing pursuant to the two (2) Violation Reports filed by the Adult
24 Probation Services Division. Summons, October 10, 2022. The Violation Hearing was scheduled 25 for November 28, 2022 at 9:00AM via Zoom. Id. 26
27 People of Gzlam vs, Taichy Repaky 28 Criminal Case No. CFOl28-21 Decision & Order Re. Granting Revocation of Probation Page 3 of f During the Violation Hearing, Defendant was being held at DOC for another case I
2 CF0259-22 Commitment Order issued by Magistrate Jonathan Quam. Violation Hearing Minutes,
3 November 28, 2022. Probation stated that Defendant has been held since April 2022. Id. Defendant 4 did not provide sufficient justification for violating the conditions of probation and admitted he 5
failed to complete his probation conditions within his term of probation. 6
On December 14, 2022, the People filed a Motion to Revoke Defendant's Probation. The 7
8 Defendant's counsel did not file an opposition brief, which was due December 28, 2022. Notice
9 of Motion, December 14, 2022. 10 On April 26, 2023, the Count held a Hearing on the People's Motion to Revoke Defendant's
Probation. 12
13 DISCUSSION
14 Guam law specifies the procedures that the Court must follow for revocation of probation.
15 The relevant statute, in its entirety, states as follows: 16 [T]he court, if satisfied that the offender has inexcusably failed to comply with a 17 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 18 condition shall not result in revocation, however, unless the court determines that 19 revocation under all the circumstance then existing will best satisfy the ends of justice and the best interests of the public. 20 9 GCA § 80.66(a)(2). 21
22 The process for revoking an offender's probation has been further explained by the Guam
23 Supreme Court as follows : 24 Probation revocation is a two-step process. First, the trial court must make a factual 25 determination that a violation of probation actually has occurred. If a violation is proven, then the Court must determine if the violation warrants revocation of the 26 probation. 27 People of Gzlam vs. Taichy Repalcy 28 Criminal Case No. CF0128-2 l Decision & Order Re.
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FIL SUPERSQH ~=;*ouRT OF @U,i3.§v'}
zazaaus 16 PG l=ls9 1 CLERKOFCOURT 2
3 sy=
6 IN THE SUPERIOR COURT OF GUAM 7 PEOPLE OF GUAM, ) CRIMINAL CASE NO. CF0128-21 8 ) GPD Report No.: 21-05037/21-05743 ) 9 vs . ) 10 ) DECISION AND ORDER RE. ) GRANTING REVOCATION 11 ) OF PROBATION
12 TAICHY REP AKY, ) (aka Rebki, aka Taichy Usefich) ) 13 DOB: 08/05/1992 ) ) 14 INTRODUCTION 15
16 This matter came before the Honorable Maria T. Cenzon on April 26, 2023 for a Motion
17 Hearing in the above-captioned matter upon the People's Motion to Revoke Defendant's
18 Probation. Defendant, Taichy Repaky, was present with counsel Assistant Public Defender Peter 19 Santos. Also present were Assistant Attorney General Grant Olan for the People, Mike Pocaigue 20 for the Probation Office, and Karma Hilbert for the Court's Chuukese Interpreter. During the 21
22 Motion Hearing, the Court revoked the Defendant's probation, sentenced defendant to two (2)
23 years incarceration, and now issues this written decision memorializing its ruling. 24 BACKGROUND 25 In CF0128-21, Defendant, Taichy Repaky, was charged with 1) Aggravated Assault (As a 26
27 Third Degree Felony), 2) Family Violence (As a Third Degree Felony), 3) Assault on a Peace People of Guam vs. Taichy Repaky 28 Criminal Case No. CF0128-2 l Decision & Order Re. Granting Revocation of Probation Page l ofl6 Officer (As a Third Degree Felony), and 4) Felony Escape (As a Third Degree Felony). Indictment, l 2 Mar. 15, 2021. The charges stem from two (2) incidents. The first incident occurred on or about
3 February 26, 2021 when Defendant allegedly assaulted Vivian Harmon, victim, by physically 4 . . . . pushing her out of the passenger seat of a st1l1-movmg Toyota Camry. Maglstrate's Con pl. Deal., 5 March 8, 2021. The second incident occurred on or about March 6, 2021 when Defendant allegedly 6 7 assaulted Guam Police Department Officer J.R. Cruz as Defendant was attempting to escape. Id.
8 On May 4, 2021, Defendant plead guilty to: 1) Assault (as a Misdemeanor) as a lesser-
9 included offense to the Third Charge of Assault on a Police Officer (As a Third Degree Felony),
10 and 2) Ordinary Escape (As a Misdemeanor) as a lesser-included offense to the Fourth Charge of 11 Felony Escape (As a third Degree Felony). Judgment of Conviction (Guilty Plea Agreement), May 12
13 26, 2021. Defendant was sentenced to one (1) year at the Department of Corrections, all but sixty
14 (60) days suspended with credit for time served, and to two (2) years supervised probation with
15 Adult Probation Services Division. Id. Defendant was also required to pay a $100 fine and $80 16 court costs. Id. The Judgment also indicated that Defendant shall be liable for full restitution to l7 18 victim, GPD Officer J.R. Cruz. Id. Lastly, Defendant was also required to perform 150 hours of
19 community service with the Adult Probation Services Division. Id.
20 Two violations reports were filed by the Adult Probation Services Division. For the first 21 violation, Probation Officer John F. Ulloa reported that the probationer violated the condition that 22 he obey all local and federal laws. Violation Report, December 16, 2021. On December 10, 202 l 23 24 at a Magistrate's hearing, the probationer was charged with Assault on a Police Officer, Resisting
25 Arrest and Disorderly Conduct in CF0631-21. Id. The probationer was held on $5,000 cash bail in
27 People of Guam vs. Taiehy Repaky 28 Criminal Case No. CF0128-2 l Decision & Order Re. Granting Revocation of Probation Page 2 of f that case. Id. For the second violation, Probation Officer John F. Ulloa reported that the Defendant l
2 violated the following conditions of probation:
3 1. Probationer shall report to Client Services & Family Counseling for assessment. The probationer report for processing on May 10, 2021 and was instructed to report back 4 for an assessment but as of February 9, 2022, probationer has failed to do so. 5 2. The probationer shall pay a $80 court cost and $100 fine. As of February 9, 2022, the probation has made no payments to his court cost and fine. 6 3. The probationer shall perform 150 hours of community service. As of February 9, 2022, probation has yet to complete any of the required hours with his balance still at 150 7 hours. 8 Second Violation Report, February 10, 2022. The probation officer also noted in the report that a 9 10 Warrant for Arrest was issued by Magistrate Judge Jonathan Quam in CF0631-21 on February 5,
ll 2022. Id.
12 On February 23, 2022, the Court issued a Warrant for Arrest for this matter. Warrant of
13 Arrest, February 23, 2022. Bail was affixed at $2,000. Id. A Return of Warrant indicated that 14 Defendant was arrested and in Marshal Custody on February 28, 2022. On the same day, a 15 16 Commitment Order indicated that Defendant be held in the Department of Corrections pending
17 remand on Warrant on Arrest and next hearing date on March 11, 2022 at 1 :OOPM via Zoom. After
18 the hearing, Defendant was released from the Department of Corrections and was ordered by the 19 Court to report to Probation the following business day no later than 9:00AM in person. Release 20
from Confinement, March 11, 2022. 21
22 On October 10, 2022, the Court filed a Summons commanding Defendant to appear before
23 the Court for a Violation Hearing pursuant to the two (2) Violation Reports filed by the Adult
24 Probation Services Division. Summons, October 10, 2022. The Violation Hearing was scheduled 25 for November 28, 2022 at 9:00AM via Zoom. Id. 26
27 People of Gzlam vs, Taichy Repaky 28 Criminal Case No. CFOl28-21 Decision & Order Re. Granting Revocation of Probation Page 3 of f During the Violation Hearing, Defendant was being held at DOC for another case I
2 CF0259-22 Commitment Order issued by Magistrate Jonathan Quam. Violation Hearing Minutes,
3 November 28, 2022. Probation stated that Defendant has been held since April 2022. Id. Defendant 4 did not provide sufficient justification for violating the conditions of probation and admitted he 5
failed to complete his probation conditions within his term of probation. 6
On December 14, 2022, the People filed a Motion to Revoke Defendant's Probation. The 7
8 Defendant's counsel did not file an opposition brief, which was due December 28, 2022. Notice
9 of Motion, December 14, 2022. 10 On April 26, 2023, the Count held a Hearing on the People's Motion to Revoke Defendant's
Probation. 12
13 DISCUSSION
14 Guam law specifies the procedures that the Court must follow for revocation of probation.
15 The relevant statute, in its entirety, states as follows: 16 [T]he court, if satisfied that the offender has inexcusably failed to comply with a 17 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 18 condition shall not result in revocation, however, unless the court determines that 19 revocation under all the circumstance then existing will best satisfy the ends of justice and the best interests of the public. 20 9 GCA § 80.66(a)(2). 21
22 The process for revoking an offender's probation has been further explained by the Guam
23 Supreme Court as follows : 24 Probation revocation is a two-step process. First, the trial court must make a factual 25 determination that a violation of probation actually has occurred. If a violation is proven, then the Court must determine if the violation warrants revocation of the 26 probation. 27 People of Gzlam vs. Taichy Repalcy 28 Criminal Case No. CF0128-2 l Decision & Order Re. Granting Revocation of Probation Page 4 o f f People of Guam v. Camacho, 2009 Guam 6 11 27 (internal citations omitted). To revoke a 1
2 defendant's probation, evidence and facts presented to the Court must be "reasonably necessary to
3 satisfy the judge that the probationer's conduct has not been as required by the conditions of 4 . .. probation." Id. At 'll 30 (cltlng Pe o pl e v . A n g o c o , 1998 Guam 10). 5 The Court also cannot order revocation unless the offender is provided with written notice 6
of grounds for revocation of probation. 9 GCA § 80.68(a). At the hearing, the offender shall "have 7
8 the right to hear and controvert the evidence against him, to offer evidence in his defense and to
9 be represented by counsel." Id. Should the Court revoke an offender's probation, "it may impose
10 on the offender any sentence that might have been imposed originally for the crime of which he 11 was convicted." 9 GCA § 80.66(b). 12
13 It remains undisputed that the Defendant was in violation of his probation conditions and
14 that there was probable cause to support the violations. The Defendant has continually violated his
15 probation by failing to be assessed by Client Services and Family Counseling, failing to may any 16 payments towards fine and court costs, failing to perform any community service, and failing to 17 18 obey all local laws when Defendant gathered two new criminal felony matters, CF063l-2l and
19 CF0259-22. Minute Entry, Apr. 26, 2023 I
20 Having found that the Defendant was in violation of his probation requirements, the next 21 question the Court must resolve is whether "revocation under all the circumstances...wil1 best 22 satisfy the ends of justice and the best interests of public." 9 GCA § 80.66(a)(2). 23
Based on the review of the record, it is clear that the Defendant has exhausted the trust of 24
25 the Court by violating the conditions of his probation as stated above. During the Motion Hearing,
26 the Court found that the Defendant's other criminal matter (CF0259-22) would make the 27 People of Gzlam vs. Taichy Repaky 28 Criminal Case No. CFOl28-21 Decision & Order Re. Granting Revocation of Probation Page 5 of f Defendant incapable of completing the terms of his probation terms in this above-captioned matter, l
2 and that an extension of such probation would not cure the failure. Minutes Entry, Apr. 26, 2023 .
3 Were the Defendant's probation extended, it appears unlikely that any significant progress would 4 . . . be made to ensure compliance wlth the Court's orders. Therefore, the Court finds that revocatlon 5 is in the public's best interest and satisfies the ends of justice. 9 GCA § 80.66(a)(2). 6
7 CONCLUSION 8 For the reasons stated above, the Court hereby REVOKES the Defendant's probation in 9 the above-captioned matter. The Defendant is hereby SENTENCED to two (2) years incarceration 10 at the Department of Corrections, Mangilao. Defendant shall be credited for any time already 11 served in the above-captioned matter. After the completion of the Defendant's sentence, the Court 12 shall close this case. [3
14 S0 ORDERED, this W »s,wws nuns pro fund to April 26, 2023 . 7
18 ONO E MARIA T. C E N Z O N 19 u'perior Court of Guam 20
27 People of Guam vs. Taichy Repaky 28 Criminal Case No. CF0128-2 l Decision & Order Re. Granting Revocation of Probation Page 6 of 6