FILED I !pin_§10g COURT Q: GUAM 2 zszanus ll» in ii oh 3 CLERK UF COURT 4
6 IN THE SUPERIOR COURT OF GUAM 7
8 THE PEOPLE OF GUAM, CRIMINAL CASE no. CF0378-20 9 vs. 10 DECISION AND ORDER
11 LUIS PANGELINAN SABLAN, 12
13 Defendant. 14
15 INTRODUCTION
This matter came before the Honorable Vernon P. Perez on August 14, 2020, for hearing 16
o n De fe n d a n t L ui s Pa n g e l i n a n S a b l a n 's (" De fe n d a n t" ) E x Pa n e Mo ti o n a n d A p p l i c a ti o n fo r 17
B a i l Red eter mi n a ti o n Hea r i n g U n d er 8 G.C.A . § 4 5 .5 0 fo r Rel ea s e o n Per s o n a l Reco gn i z a n ce 18
(" Mo ti o n fo r B a i l Red eter mi n a ti o n " ). Defen d a n t wa s p r es en t v i a v i d eo co n fer en ce fr o m th e 19
Depar tment of Cor r ecti ons , A s s i s tant Publ i c Defend er Kr i s ti ne Bor j a, couns el for Defend ant, 20
was pres ent v ia teleconference, and As s is tant Attorney General Brend lynn Jos eph was pres ent 21
on behalf of the People of Guam ("the Government") via teleconference. In accordance with its 22
r ul i n g fr o m th e b en ch o n A ugus t 1 4 , 2 0 2 0 , th e Co ur t n o w i s s ues th e fo l l o wi n g Deci s i o n a n d 23
24 Order DENYING Defendant's Motion for Bail Redetermination.
25 BACKGROUND
On Augus t 6 , 2 0 2 0 , Defend ant was ind icted with the following charges : (1 ) Aggrav ated 26
27 A s s a ul t (A s a T h i r d Degr ee Fel o n y) wi th a tta ch ed Sp eci a l A l l ega ti o n : Po s s es s i o n o r U s e o f a
Dead ly Weapon in the Commission of a Felony, (2) Family Violence (As a Third Degree 28
People v. Serbian Case No. CF0378-20 Decision and Order
Page 1 of 5 l Felony), (3) Violation of a Court Order (As a Misdemeanor) - 2 Counts, and (4) Leaving the
2 Scene of an Accident with Properly Damage (As a Petty Misdemeanor). (Indictment, Aug. 6,
3 2020). These charges stem from allegations that Defendant violated an order of protection in
4 Superior Court of Guam Protective Order Case No. P00046-20. (Deal. of Rolland Wimberley, 5 Magistrate's Comal., Jul 10, 2020). On or about June 26, 2020, Defendant was waiting outside 6 in the parking lot of Tamuning Denny's in his car. Id. When Ms. Junie Reyes, Defendant's ex-
7 girlfriend, exited the restaurant with her children, she did not want to make contact with
8 Defendant. Id. Defendant yelled towards her, reversed the car quickly and almost hit K.A.C.R.
9 (DOB: 04/09/2014). Id. Ms. Reyes had to pull K.A.C.R. from the back in fear that she would
10 be struck by Defendant's vehicle. Id. Defendant reversed again and tried to hit them before
driving out of the parking lot. Id. Subsequently, on July 9, 2020, Defendant allegedly pulled 12 into the parldng lot of Besta Market in Barrigada and hit Ms. Reyes' vehicle. Id.
13 On August 6, 2020, Defendant filed the instant Motion for Bail Redetermination.
14 Defendant is confined pending the posting of $3,000 cash bail. See Commitment Order, Jul. 10, 15 2020. The Government did not file a response to the Motion for Bail Redetermination, but
16 orally indicated that it opposed Defendant's release.
17 On August 12, 2020, Defendant asserted his right to a speedy trial.
18 DISCUSSION 19 Defendant moves the Court to release him on personal recognizance as he does not have 20 the means to pay the five thousand dollar ($3,000.00) cash bail. See generally, Mot. Bail
21 Redetermination, Aug. 6, 2020.
22 Under Guam law, the Court must "order the person charged to be released on
23 recognizance, unless the judge determines, in his discretion, on the basis of available
24 information, that such a release will not reasonably assure the appearance of the person as
25 required or will endanger the safety of any other person or the community." 8 G.C.A. §
26 40.l5(b). Factors for the Court to consider in determining whether Defendant presents a
27 substantial risk of nonappearance or is a danger to the safety of any other person or the
28 community include:
People v. Serbian Case No. CF0378»20 Decision and Order
Page 2 of 5 l (1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence; 2 (2) the history and characteristics of the person charged, including: 3 (i) length of his/her residence on Guam, (ii) his/her employment status and history, and financial condition, 4 (iii) his/her family ties and relationships , 5 (iv) his/her reputation, character and mental and physical condition, 6 (v) his/her prior criminal record, if any, including any record of prior release on recognizance or on bail, 7 (vi) his/her history relating to drug or alcohol abuse, 8 (vii) the identity of the reasonable members of the community who will vouch for his/her reliability, 9 (viii) whether at the time of the current offense or arrest, he/she was on 10 probation, on parole or on other release pending trial, sentencing, appeal or completion of sentence of an offense under Federal, state or local law, and 12 (ix) LisA*rer history of compliance with other court orders, 13 (3) the nature and seriousness of the danger the person would pose to the community or to any individual member thereof if released, and 14 (4) any other factors which bear on the risk of willful failure to appear or the 15 danger the person would pose to the community or to any individual member thereof if released, 16 8 G.C.A. §40.l5(c). 17 If the Court finds that release on his or her own recognizance would not assure a 18 defendant's appearance or would present a danger to any other person or the community, the 19 Court may still permit release subject to certain conditions under 8 G.C.A. § 40.20. These 20 conditions include: 21 (a) placement of the person in the custody of a designated person or organization 22 agreeing to supervise him and to assist him in appearing in Court, (b) placement of restrictions on the activities, movements, associations and 23 residence of the person, 24 (c) placement of the person under supervision by means of electronic monitoring, 25 including electronic monitoring with alleged victim stay-away alert technology, if available, and subject to the payment of fees or the exemption 26 of fees, and other rules established by the court for electronic monitoring, 27
Page 3 of 5 (d) execution of a bond in an amount specified by the judge, such bond in the l discretion of the judge to be either unsecured or secured in whole or in part by 2 the deposit of cash or other property, or by the obligation of qualified sureties, 3 (e) release of the person during working hours, but with the condition that he return to custody at specific times , 4 (f) require the person charged with family violence or violation of a protective 5 order to undergo a lethality risk assessment or other risk assessments deemed appropriate by the Judiciary of Guam; or 6 (g) any other condition reasonably necessary to assure appearance as required and 7 the safety of any other person and the community.
8 8 G.C.A. § 40.20. Under section 40.20, the least onerous conditions shall be imposed to ensure
9 Defendant's appearance as required and the safety of any other person and the community.
10 "Determinations as to bail conditions and amounts are not to be driven by the goal of keeping
the accused incarcerated, but should rather be reached in consideration of the only authorized
12 interests, to wit, ensuring the appearance of the accused and the safety of others." People v.
13 Song, 2011 Guam 19 '][ ll.
14 In support of his motion, Defendant offers that he is a United States citizen who has
Free access — add to your briefcase to read the full text and ask questions with AI
FILED I !pin_§10g COURT Q: GUAM 2 zszanus ll» in ii oh 3 CLERK UF COURT 4
6 IN THE SUPERIOR COURT OF GUAM 7
8 THE PEOPLE OF GUAM, CRIMINAL CASE no. CF0378-20 9 vs. 10 DECISION AND ORDER
11 LUIS PANGELINAN SABLAN, 12
13 Defendant. 14
15 INTRODUCTION
This matter came before the Honorable Vernon P. Perez on August 14, 2020, for hearing 16
o n De fe n d a n t L ui s Pa n g e l i n a n S a b l a n 's (" De fe n d a n t" ) E x Pa n e Mo ti o n a n d A p p l i c a ti o n fo r 17
B a i l Red eter mi n a ti o n Hea r i n g U n d er 8 G.C.A . § 4 5 .5 0 fo r Rel ea s e o n Per s o n a l Reco gn i z a n ce 18
(" Mo ti o n fo r B a i l Red eter mi n a ti o n " ). Defen d a n t wa s p r es en t v i a v i d eo co n fer en ce fr o m th e 19
Depar tment of Cor r ecti ons , A s s i s tant Publ i c Defend er Kr i s ti ne Bor j a, couns el for Defend ant, 20
was pres ent v ia teleconference, and As s is tant Attorney General Brend lynn Jos eph was pres ent 21
on behalf of the People of Guam ("the Government") via teleconference. In accordance with its 22
r ul i n g fr o m th e b en ch o n A ugus t 1 4 , 2 0 2 0 , th e Co ur t n o w i s s ues th e fo l l o wi n g Deci s i o n a n d 23
24 Order DENYING Defendant's Motion for Bail Redetermination.
25 BACKGROUND
On Augus t 6 , 2 0 2 0 , Defend ant was ind icted with the following charges : (1 ) Aggrav ated 26
27 A s s a ul t (A s a T h i r d Degr ee Fel o n y) wi th a tta ch ed Sp eci a l A l l ega ti o n : Po s s es s i o n o r U s e o f a
Dead ly Weapon in the Commission of a Felony, (2) Family Violence (As a Third Degree 28
People v. Serbian Case No. CF0378-20 Decision and Order
Page 1 of 5 l Felony), (3) Violation of a Court Order (As a Misdemeanor) - 2 Counts, and (4) Leaving the
2 Scene of an Accident with Properly Damage (As a Petty Misdemeanor). (Indictment, Aug. 6,
3 2020). These charges stem from allegations that Defendant violated an order of protection in
4 Superior Court of Guam Protective Order Case No. P00046-20. (Deal. of Rolland Wimberley, 5 Magistrate's Comal., Jul 10, 2020). On or about June 26, 2020, Defendant was waiting outside 6 in the parking lot of Tamuning Denny's in his car. Id. When Ms. Junie Reyes, Defendant's ex-
7 girlfriend, exited the restaurant with her children, she did not want to make contact with
8 Defendant. Id. Defendant yelled towards her, reversed the car quickly and almost hit K.A.C.R.
9 (DOB: 04/09/2014). Id. Ms. Reyes had to pull K.A.C.R. from the back in fear that she would
10 be struck by Defendant's vehicle. Id. Defendant reversed again and tried to hit them before
driving out of the parking lot. Id. Subsequently, on July 9, 2020, Defendant allegedly pulled 12 into the parldng lot of Besta Market in Barrigada and hit Ms. Reyes' vehicle. Id.
13 On August 6, 2020, Defendant filed the instant Motion for Bail Redetermination.
14 Defendant is confined pending the posting of $3,000 cash bail. See Commitment Order, Jul. 10, 15 2020. The Government did not file a response to the Motion for Bail Redetermination, but
16 orally indicated that it opposed Defendant's release.
17 On August 12, 2020, Defendant asserted his right to a speedy trial.
18 DISCUSSION 19 Defendant moves the Court to release him on personal recognizance as he does not have 20 the means to pay the five thousand dollar ($3,000.00) cash bail. See generally, Mot. Bail
21 Redetermination, Aug. 6, 2020.
22 Under Guam law, the Court must "order the person charged to be released on
23 recognizance, unless the judge determines, in his discretion, on the basis of available
24 information, that such a release will not reasonably assure the appearance of the person as
25 required or will endanger the safety of any other person or the community." 8 G.C.A. §
26 40.l5(b). Factors for the Court to consider in determining whether Defendant presents a
27 substantial risk of nonappearance or is a danger to the safety of any other person or the
28 community include:
People v. Serbian Case No. CF0378»20 Decision and Order
Page 2 of 5 l (1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence; 2 (2) the history and characteristics of the person charged, including: 3 (i) length of his/her residence on Guam, (ii) his/her employment status and history, and financial condition, 4 (iii) his/her family ties and relationships , 5 (iv) his/her reputation, character and mental and physical condition, 6 (v) his/her prior criminal record, if any, including any record of prior release on recognizance or on bail, 7 (vi) his/her history relating to drug or alcohol abuse, 8 (vii) the identity of the reasonable members of the community who will vouch for his/her reliability, 9 (viii) whether at the time of the current offense or arrest, he/she was on 10 probation, on parole or on other release pending trial, sentencing, appeal or completion of sentence of an offense under Federal, state or local law, and 12 (ix) LisA*rer history of compliance with other court orders, 13 (3) the nature and seriousness of the danger the person would pose to the community or to any individual member thereof if released, and 14 (4) any other factors which bear on the risk of willful failure to appear or the 15 danger the person would pose to the community or to any individual member thereof if released, 16 8 G.C.A. §40.l5(c). 17 If the Court finds that release on his or her own recognizance would not assure a 18 defendant's appearance or would present a danger to any other person or the community, the 19 Court may still permit release subject to certain conditions under 8 G.C.A. § 40.20. These 20 conditions include: 21 (a) placement of the person in the custody of a designated person or organization 22 agreeing to supervise him and to assist him in appearing in Court, (b) placement of restrictions on the activities, movements, associations and 23 residence of the person, 24 (c) placement of the person under supervision by means of electronic monitoring, 25 including electronic monitoring with alleged victim stay-away alert technology, if available, and subject to the payment of fees or the exemption 26 of fees, and other rules established by the court for electronic monitoring, 27
Page 3 of 5 (d) execution of a bond in an amount specified by the judge, such bond in the l discretion of the judge to be either unsecured or secured in whole or in part by 2 the deposit of cash or other property, or by the obligation of qualified sureties, 3 (e) release of the person during working hours, but with the condition that he return to custody at specific times , 4 (f) require the person charged with family violence or violation of a protective 5 order to undergo a lethality risk assessment or other risk assessments deemed appropriate by the Judiciary of Guam; or 6 (g) any other condition reasonably necessary to assure appearance as required and 7 the safety of any other person and the community.
8 8 G.C.A. § 40.20. Under section 40.20, the least onerous conditions shall be imposed to ensure
9 Defendant's appearance as required and the safety of any other person and the community.
10 "Determinations as to bail conditions and amounts are not to be driven by the goal of keeping
the accused incarcerated, but should rather be reached in consideration of the only authorized
12 interests, to wit, ensuring the appearance of the accused and the safety of others." People v.
13 Song, 2011 Guam 19 '][ ll.
14 In support of his motion, Defendant offers that he is a United States citizen who has
15 lived on Guam for over ten years, that he has family on Guam, and was employed at the time of
16 his arrest. See generally, Mot. Bail Redetermination, Aug. 6, 2020.
17 Upon consideration of the 8 G.C.A. § 40.15 factors, the Court is greatly concerned with
18 the safety of the community and Defendant's ability to follow court orders. Even though
19 Defendant was ordered to stay away and not have any contact with Ms. Reyes and her daughters
20 in P00046-20, he still allegedly attempted to come within 500 feet and contact them. (Decl. of
21 Rolland Wimberley, Magistrate's Con pl., Jul 10, 2020). Further, when she refused to speak
22 with him, Defendant allegedly used his vehicle to attempt to hit Ms. Reyes and her daughters.
23 ld,
24 Thus, upon the Court's review, Defendant's release only on personal recognizance does
25 not sufficiently allay the Court's concerns regarding the safety of the community. This
26 decision, however, does not preclude Defendant from requesting release with proposed third-
27 party custodians or release on electronic monitoring in the future.
Page 4 of S CONCLUSION
For the foregoing reasons, the Court hereby DENIES Defendant's Motion for Bail
3 Redetermination. A remote Status Hearing via teleconference regarding Defendant's asserted
4 trial status is set for September 4, 2020 at 9:00 a.m.
IT IS SO ORDERED, this 14th day of August, 2020.
\
HONORABLE VERNON p. PEREZ Judge, Superior Court of Guam
People v. Sablan Case No. CF0378-20 Decision and Order
Page 5 of 5