People v. San Agustin

Opinion

(

FFILED ILED CLERK OFCOURT CLERK OF couRT 2 2UZ5 DECI 212AH 2025 DEC AH9:9: 33 33 3 SUPERIOR SUPERIOR COURT COURT 4 OF GUAM OF GUAM~ 5

6 IN THE SUPERIOR COURT OF GUAM 7

8 PEOPLE OF GUAM, GUAM, CRIMINAL CASE NO. CRIMINAL CASE no. CF0297-25 CF0297-25 9 vs. VS. DECISION AND ORDER II JESSIE RICK JESSIE RICK SAN SAN AGUSTIN, AGUSTIN, 12 Defendant. 13

14 INTRODUCTION 15 This matter came came before before the the Honorable Honorable Vernon P. Perez on on October October 20, 2025, for hearing 16 on Defendant DefendantJessie JessieRick RickSan SanAgustin's Agustin's("Defendant") ("Defendant") Motion Motion for a Bill of ofParticulars. Particulars. Present Present 17 were Assistant Attorney General Assistant Attorney General Dante DanteCH CH Harootunian Harootunianon onbehalf behalfof ofthe thePeople People of of Guam ("the Guam ("the 18 Government") Government") and Defendant Defendantwith with counsel, counsel,Kristine KristineB. B.Borja. Borja. Having reviewed reviewed the the pleadings, pleadings, 19 the arguments argumentspresented, presented,and andthe therecord, record,the theCourt Courtnow nowissues issuesthe thefollowing following Decision Decision and Order. Order. 20 BACKGROUND 21 On May 8, 8, 2025, 2025, Defendant was indicted Defendant was indicted with with the thefollowing following charges: (1) Aggravated charges: (I) Aggravated 22 Murder (As (As a First Degree Degree Felony); Felony), (2) Murder (As aa First Murder (As Felony), and First Degree Felony); and (3) Kidnapping Kidnapping 23 (As (As aa First First Degree Felony). Felony). (Indictment, (Indictment,May May8,8,2025). 2025).These Thesecharges chargesstem stem from from allegations allegations that that 24 Defendant killed his his girlfriend's girlfriend's ex-boyfriend ex-boyfriend by by burning burninghim himalive alive on on or or about aboutNovember November I,l, Defendant killed 25 2024. 2024. (Decl. (Deel. of ofChristine Christine S. S. Tenorio, Tenorio, Magistrate's Magistrate's Comal., Comp!., May 1, I, 2025). 26 On September 26, 2025, 2025, Defendant Defendantfiled filed the the instant instantMotion. Motion. On September 26, On October October 10, I 0, 2025, 2025, the the 27 Government filed its Opposition. Opposition. On Government filed On October October 17, 2025, Defendant 17, 2025, Defendantfiled filed his his Reply. Reply. 28

People People v. San Sun Agustin Agustin Case No CF0297-25 Case No. Decision Decision and and Order

Page Page I1 ofS off I On October 20, 2025, the Court heard 2025, the heard arguments arguments on the Motion and subsequently placed

2 the matter under advisement.

3 3 DISCUSSION

4 Defendant moves the Court "to order order the the prosecuting prosecuting attorney attorney to to provide provide clarification clarification of of 5 the charge against the charge [him] to against [him] to prepare prepare his his defense" defense" pursuant pursuant to to 88 G.C.A. G.C.A. §§ 55.30. 55.30. (Mot. (Mot. at at 2, 2, Sept. Sept. 6 26, 2025). 2025). Defendant Defendant notes notes in in his his Motion Motion that that on or about June 10, the assigned I 2025, the assigned prosecutor

7 7 was notified about outstanding discovery and that the the Government has only provided 509 pages

8 of discovery consisting of discovery consisting of written writtenreports reportsatatthe thetime timeofofthe thefiling filingofofthe theMotion. Motion. Id. Id The The 9 Government opposes, opposes, arguing arguing that that the the charges charges in in the the indictment indictment "are sufficiently sufficiently specific to put 10 IO the Defendant the on notice Defendant on notice of what he is is charged charged with" with" and and state state the the essential essential elements elements of of the the 11 II offenses. (Opp'n (Opp'natat3,3,Oct. Oct. 10, IO, 2025). 2025). InInReply, Reply, Defendant Defendantargues argues that that "[t]here "[t]here are are no no facts facts that that 12 12 provide [or] [or] address address the essential elements of causation essential elements causation of the first two charges charges in in the the instant instant 13 matter and for for the the essential essential element element of of unlawfully unlawfully removed removed for for the the third third charge." charge." (Reply (Reply at at 2, 2, 14 Oct. 17, 2025). 2025). Defendant Defendantalso alsosets setsforth forththat that the the Government Governmentfailed failed to to advise advise the the Court Court that that Irit 15 15 turned over almost almost 500 500 additional pages of of discovery discovery dated dated as far back as May 2025 ten days after 16 Defendant filed filed the the instant instant Motion Motion and and that that no no other evidence evidence has has been been provided aside aside from the

17 police reports. Id. police reports. Id

18 Guam law law requires requires that that an an indictment indictment "shall "shall be be aa plain, plain, concise concise and and definite definite written written 19 statement statement of the essential facts constituting essential facts constituting the the offense offense charged charged and and shall shall be be signed signed by the the 20 prosecuting prosecuting attorney." attorney." 88G.C.A. G.C.A. §§ 55.l0(a). 55. 10(a). "It "Itisiswell wellestablished establishedthat thatan anindictMent indictment is is sufficient sufficient 21 which apprises a defendant of of the crime with which he is charged so as to enable him to prepare 22 22 judgment of acquittal his defense and to plead judgment or conviction acquittal or conviction as as a plea plea to to subsequent subsequent prosecution

23 23 for the same offense." People v. Tories, Torres, 2014 2014 Guam 1 (citation omitted). Guam 88 i120 24 24 Whether Whether oror not not an an indictment indictment or or information information complies complies with with §§ 55.10, 55.10, if if itit fails fails to to specify the particulars of of the offense sufficiently to enable the defendant to to prepare 25 25 his defense, his defense, the court may, on motion motion of of the the defendant, defendant, require require the the prosecuting prosecuting 26 26 attorney to furnish the defendant with a clarification of the the pleading pleading containing containing such 27 particulars as may be necessary for the preparation of of the defense.

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People v. San Agustin Case No. CFOZ97-25 Case No. CF0297-25 Decision and Order Order

Page Page 2 oof5 rS l 8 8 G.C.A. G.C.A. §§ 55.30. 55.30. "[A] "[A]bill billof of particulars, particulars,unlike unlike discovery, discovery, isis not not intended intended to to provide provide the the 2 defendant with the defendant with the fruits fruits of of the government's investigation. Rather, government's investigation. Rather,itit isis intended intended to to give give the the 3 defendant only that amountof that minimum amount of information information necessary to permit permit the defendant to conduct conduct 4 4 his own investigation." United United States States v. v. Hszlan Bin Chen, Hsuan Bin Chen,201 20111WL WL 332713 332713 at at*4 *4 (N.D. Cal. Cal. Jan. Jan. 5 29, 2011) 2011) (internal quotation marks marksand andcitation citationomitted) omitted)(emphasis (emphasisin inoriginal). original).

6 "The "The decision decisionwhether whether to to grant grant aa request request for a bill bill of ofparticulars particulars is is directed directed to to the the trial trial 7 7 court's discretion." United court's discretion." United States v.v. Long, Long, 706 F.2d 1044, 1044, 1054 1054(9th (9thCir. Cir.1983) 1983)(citation (citation omitted). omitted).

8 8 The Ninth Ninth Circuit Circuit has explained that that aa bill bill of ofparticulars serves three particulars serves three functions: functions:(I) (1) to inform inform aa 9 defendant of the nature defendant of of the natureof the charges chargesagainst againsthim himtotoenable enablehim himtotoprepare preparefor fortrial; trial,(2) (2) to to avoid

10 10 or minimize minimize the the danger of of surprise at the surprise at thetime timeof of trial; trial, and and (3) (3) to protect against double jeopardy. jeopardy.

II Id. "In "Indetermining determining ififaabill billofof particulars particularsshould should be be ordered ordered in in aa specific specificcase, case, aa court court should should 12 consider consider whether whether the defendant defendant has been advised adequately of ofthe the charges charges through the indictment indictment

13 13 and all all other disclosures disclosuresmade madeby bythe thegovernment. govemrnent.Full Fulldiscovery discoverywill will obviate the the need need for for a bill

14 14 of of particulars." Id at particulars." Id. at 1054 I (citations omitted). 15 The charges set forth in in the Indictment read as asfollows: follows :

16 FIRST CHARGE CHARGE 17 On or or about about November 1, I, 2024, 2024, in in Guam, Guam, JESSIE JESSIE RICK SAN AGUSTIN did commit commit theoffense ofAggravalerl offense of Aggravated Murder (As a11st" 18 Degree Felony), in in that that he he intentionally intentionally and and with with premeditation premeditation 19 caused the the death of another another human being, that human being, that is, Charles Charles Lacy, in in 20 violation off GCA violation of9 GCA §§ 16.30(a)(l). 16.30(a)(l).

21 SECOND CHARGE On or or about about November 1, I, 2024, 2024, in in Guam, Guam, JESSIE JESSIE RICK SAN 22 AGUSTIN did commit commit the offense of of Muffler Murder Ms(As na Is: JS' Degree 23 23 Felony), Felony), ininthat that he he intentionally intentionally or or knowingly knowingly caused caused the the death of of 24 24 another human humanbeing, being, that that is, Charles Lacy, in violation of 9 GCA §§ §§ 16.40(a)(1) 16.40(a)(l) and and 16.40(b). 16.40(b). 25 25 THIRD CHARGE 26 26 On or or about November I, about November l, 2024, 2024, in Guam, JESSIERICK Guam, JESSIE RICK SAN 27 27 AGUSTIN did AGUSTIN did commit commit thethe offense offense of of Kidnapping Ms na First Kidnapping (As First 28 28 Degree Felony), in Felony), in that he did unlawfully remove another, remove another, that is,

People v. San San Ague/in Agustin Case No. CF0297-25 Case No. CF0297-25 Decision Decision and Order

Page Page 33ofS of f Charles Charles Lacy, from from his placeplace ofof residence residence or or business, business, or or a I substantial distancefrom substantial distance from the thevicinity vicinity where was found, where he was found, or he 2 unlawfully confined another,that is, Charles Lacy, for for aa substantial substantial 3 3 period, period, with with the the purpose of of facilitating facilitating the the commission of any felony any felony or or flight flight thereafter thereafter in in violation violationof 9 GCA of9 GCA§§22.20(a)(2) 22.20(a)(2) and and (b). (b). 4 (Indictment, May 8, 2025). 5 5 Here, Here, the indictment clearly sets indictment clearly sets forth forth the essential elements of each offense essential elements offense charged. charged. 6 Each charge includes the date of the alleged offense, the identity of the victim, and the statutory 7 7 basis basis for the the charge. charge. These details are sufficient details are to inform sufficient to inform Defendant Defendant of of the the nature nature of the the 8 accusations and to allow allow him to to prepare aa defense. indictment is not so vague as to prejudice defense. The indictment 9 Defendant's ability the Defendant's ability to to prepare prepare for for trial trial or or to assert a defense of of double jeopardy jeopardy in the future.l1 in the 10 l At this time, the Court understands that Defendant has received over 1,000 pages in discovery 11 from the Government. The The Court Courtfinds finds that that the the indictment indictment in conjunction with the provision of of 12 12 discovery provide adequate notice to Defendant under Long. 13 Lastly, to the extent Defendant has not yet received and continues to seek discoverable discoverable 14 14 materials materials such as photographic photographic or video video evidence, evidence, expert reports and/or and/or criminal criminal histories histories of of 15 15 witnesses and the victim, witnesses the Court reminds victim, the reminds the Government that it has aa continuing continuing duty to 16 disclose any material disclose any material or or information information discovered discovered pursuant pursuant to to 88 G.C.A. G.C.A. §§ 70.40. 70.40. Failure to comply Failure to comply 17 with prior court orders with orders regarding discovery or regarding discovery or Guam's discovery discovery statutes statutes may result result in the the 18 18 prohibition of the use of of undisclosed evidence at trial or the the entry of any other order that is just 19 under under the the circumstances. circumstances. See See88G.C.A. G.C.A.§§70.45, 70.45;People Peoplev.v. Nero, Nego,2021 2021Guam Guam3 3115 11 15 ("A ("A range range of of 20 sanctions can be imposed imposed for for discovery discovery violations, violations, including including granting a continuance, prohibiting 21 the party from introducing introducing the belated belated disclosures disclosures as evidence, holding counsels evidence, holding counsels in contempt contempt 22

23 23

24 I1 The Court Court also also notes notes the Declaration attached attached to the Magistrate's Complaint Complaint alleges alleges that Defendant Defendant was at his girlfriend's residence where the victim's phone "pinged" girlfriend's residence where the victim's phone "pinged" 300 meters 300 meters from on on November 1, 2024, November 1, 2024; Defendant's Defendant's 25 girlfriend girlfriend heard heard "banging and and fighting fighting and and muffled muffled screams screams from the room next door" door" and and saw saw Defendant shortly 226 thereafter breathing heavily thereafter breathing heavily and and sweating; sweating,Defendant Defendanttold told his his girlfriend girlfriend to stay stay in the room and and that he would be be back, back; Defendant's girlfriend overheard grunting and huffing, Defendant was seen exiting the victim's girlfriend overheard grunting and huffing; Defendant was seen exiting the victim's vehicle at vehicle at NCS 27 Shell Gas Station Shell Gas Station on on November November 1, 1, 2024 2024 at approximately 4:22 at approximately 4:22 a.m. a.m. filling filling up aa red red fuel fuel container, container; and and when when Defendant residence before Defendant returned to the residence beforesunrise, sunrise,he hetold toldhis hisgirlfriend girlfriend that that the the victim victim lent him him the the vehicle vehicle and and the 28 smelledof vehicle smelled offices feces and gasoline. (Deel. and gasoline. (Decl. of Christine S.S. Tenorio, Tenorio, Magistrate's Magistrate's Comp!., Con pl.,MayMay 1,l, 2025).

People v. San Agustin San Agustin Case No. No. CF0297-25 CF0297-25 Decision Decision and Order Order

Page 5 Page 4 ofS l (including (including the Attorney Attorney General General and/or and/or Chief Prosecutor), Prosecutor), imposing imposing fines, fines, dismissing dismissing the the

2 2. indictment, or or using any other order the trial court considers just under under the thecircumstances."). circumstances.").

3 3 CONCLUSION

4 For the the foregoing reasons, theCourt reasons, the Courthereby herebyDENIES DENIESDefendant's Defendant'sMotion Motionfor for aaBill Bill of

5 5 Particulars. Particulars.

7 IT IS SO ORDERED ORDEREDthis this 1'L'sE', of 1ity ofDecember, December, 2025.

10 HONORABLE HONORABLE VERNONVERNON p. P. PEREZ PEREZ Judge, Judge, Superior Court of Guam II

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23 SERVICE VIA VIA E-MAIL E-MAIL 24 24 II acknowledge acknowledge thatthat an an electronic electronic copy 01 copy of the original was e-mailed to: theoriginal

25 Ac,':> k. i~J .... 26 26 20 ~me: aE& II2zZUZg Yfif: H mez7?/z¢~ 'f'.'fw-- Evan-Ll opasna Evc!n·L., T..oP~,~!1

People v. San Agustin v. San Aguslin Case No, Nu. CFOZ97-Z5 CF0297-25 Decision Decision and Order Order

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