People v. Santos

Opinion

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~c~’ ~ 1 2020J’JL 31 AM 9:.1~3 2 CLE Rt~ 3

5 IN THE SUPERIOR COURT OF GUAM 6

7 PEOPLE OF GUAM, CRIMINAL CASE NO. CF0681-19

8 vs. 9 SHAWN MICHAEL BLAS SANTOS, DECISION AND ORDER 10 DOB: 06/17/1987

11 Defendant. 12

13 INTRODUCTION

14 This matter came before the Honorable Arthur R. Barcinas on July 30, 2020, upon the

15 Defendant’s Renewed Motion for Release on Personal Recognizance (“Motion for Bail

16 Redetermination”), filed May 29, 2020. Defendant Shawn Michael Bias Santos (“Defendant”)

17 was represented by Assistant Public Defender Zachary Taimanglo. Assistant Attorney General

18 Rolland Wimberley represented the People of Guam (“the People”). Attorney Nicole Cruz from

19 the Arriola Law Firm was also present on behalf of the alleged victim in this matter. Having

20 reviewed the pleadings and having heard oral arguments in this matter, the Court issues the

21 following Decision and Order.

22 BACKGROUND

23 On December 23, 2019, the Defendant was charged via Indictment with: 1) Burglary (as

24 Second Degree Felony), Two Counts; 2) Theft (as a Misdemeanor); and 3) Criminal Trespass

25 (as a Misdemeanor). See Indictment (Dec. 23, 2019). According to the Declaration attached to

26 the Magistrate’s Complaint, the charges against the Defendant are based on allegations

27 surrounding three separate home burglaries involving Defendant, beginning August 2019 to

28 December 2019. Id. The Defendant was arrested and committed at the Department of Decision and Order Criminal Case No. CF0681-19; People v. Shawn Michael Santos

1 Corrections on December 14, 2019. See Commitment Order (Dec. 14, 2019). The Defendant 2 remains in custody pending the posting of Five Thousand Dollars ($5,000.00) cash bail. Id. 3 On January 9, 2020, the Defendant filed his first Motion and Application for Bail 4 Redetermination Hearing Under 8 G.C.A. § 40.50 for Release on Personal Recognizance. The 5 People did not file a written Opposition to the Defendant’s motion. However, at the bail hearing 6 on March 4, 2020, the People noted their opposition and requested release to either third party 7 custodians or electronic monitoring. The victim also opposed the Defendant’s release. 8 Nonetheless, the Court granted modification of the Defendant’s bail conditions provided he 9 qualifies for the Court’s Electronic Monitoring Program. 10 On May 29, 2020, the Defendant filed a Renewed Motion for Release on Personal 11 Recognizance, indicating that electronic monitoring was not available. The Defendant now 12 renews his request for the Court to release him on his own recognizance. The People did not file 13 a written Opposition to the Defendant’s renewed motion. A second hearing on the Defendant’s 14 Motion for Release was held on July 30, 2020. At the conclusion of the hearing, the Court took 15 the matter under advisement. 16 DISCUSSION 17 Guam law provides that “[a] person for whom conditions of release are imposed. . . and 18 who after twenty-four (24) hours from the time of release hearing continues to be detained as a 19 result of his inability to meet the conditions of release, shall, upon application, be entitled to 20 have the conditions reviewed by the Court.” 8 GCA § 40.50. 21 Section 40.15 of Title 8 of the Guam Code states, that the Court must “order the person 22 charged to be released on recognizance, unless the judge determines, in his discretion, on the 23 basis of available information, that such release will not reasonably assure the appearance of the 24 person as required or will endanger the safety of any other person or the community.” 8 GCA § 25 40.15(b) (emphasis added). Further, Guam law requires that the Court impose the least onerous 26 conditions necessary to ensure the person appears in court and to keep the community safe. 8 27 GCA § 40.20; see Guam v. Song, 2011 Guam 19 ¶ 11. In making such determination, the Court 28 must consider the nature of the offense charged, the apparent possibility of conviction, and the

Page 2 of 3 Decision and Order Criminal Case No. CF0681-19; People v. Shawn Michael Santos

1 likely sentence. 8 GCA § 40.15(c)(l). The Court must also consider a series other factors, such 2 as the history and characteristics of the person charged, his reputation and character, his prior 3 criminal record, any records of prior release on recognizance or on bail, and any other factors 4 which bear on the risk of willful failure to appear or the danger the person would pose to the 5 community or any member of the community. Id. at (c)(2) through (6). 6 Here, the Court recognizes that the Defendant is a life-long resident of Guam and that he 7 has close familial and social ties to Guam. The Court does not necessarily view the Defendant 8 as a flight risk. However, the Court notes the Defendant’s extensive criminal history and his 9 high ORAS-PAT score. Although the charges contained in the Indictment filed in the instant 10 matter are non-violent, the Court is concerned with the Defendant’s risk to the community and ii disregard for previous Court orders. Currently, the Defendant has seven active criminal cases, 12 four of which are felonies and the rest misdemeanors, wherein he was given the opportunity to 13 be released pending trial. Additionally, a review of the Magistrate’s Summary Report indicates 14 that the Defendant had four outstanding bench warrants at the time of his arrest in this matter, 15 further demonstrating the Defendant’s inability to follow court orders and to appear in court. 16 Thus, in consideration of the factors above, the Court finds that releasing the Defendant 17 on personal recognizance is unwarranted~ at this time. Further, the Court finds that a Five 18 Thousand Dollar ($5,000.00) cash bail is an appropriate amount. Accordingly, the Court hereby 19 DENIES the Defendant’s Motion for Bail Redetermination. 20 CONCLUSION 21 For the reasons set forth above, the Defendant’s Renewed Motion for Release on 22 Personal Recognizance is DENIED.

24 IT IS SO ORDERED ~ 302020 25

26 ,__————---;2.7 27 _____________

HONORABLE ARTHUR R. BARCINAS 28 Judge, Superior Court of Guam

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