People v. Tedtaotao

Opinion

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''" I 3 r·r'il 2: I 7 ·?Qfll f1ln 2 CIEH!·.• , 3 BY:._ 4 IN THE SUPERIOR COURT OF GUAM 5

6 THE PEOPLE OF GUAM, ) CRIMINAL CASE No. CF 0453-13 7 ) ) 8 v. ) DECISION AND ORDER ) 9 CHRIS J.A. TEDTAOTAO, ) 10 ) Defendant. ) II ----------------------~) 12

13 This matter is before the Honorable Judge Michael J. Bordallo. Pursuant to Rule 7.1 of

14 the Local Rules of the Superior Court of Guam, Defendant's request to reduce a felony charge 15 to a misdemeanor was taken under advisement on February 13, 2014. The People are 16 represented by Assistant Attorney Teri C. Tenorio. Defendant is represented by Alternate 17 Public Defender Eric C. Overton. 18

19 On February 28, 2014, the Court entered an order DENYING in part Defendant's motion

20 and requiring that the People provide the Court with a copy of the People's surveillance video 21 for review. Pursuant to the standard set forth in 9 GCA § 30.20 and upon review of the video 22 of the alleged event the Court finds that: a lack of evidence of the seriousness of injury; the 23 Defendant's non-history of victim-directed family violence; and the non-use of a deadly 24

25 weapon, merit the reduction of the family violence charge to a misdemeanor.

26 Although there is evidence that a gun was present in the video of the Defendant the Court 27 is unable to find that this, itself, is evidence of its use as required by the statute. !d. The Court 28 is also not persuaded that Defendant's prior criminal history should preclude reduction under

Page I of2 the terms of9 GCA § 30.20.Jd. 2 Most salient to the Court's review is the lack of any evidence ofthe seriousness of the 3 injury. The instant statute requires that some evidence of injury and its seriousness be shown. 4 Jd. Under Section 30.20, it is not sufficient to only produce evidence of a threat, risk or 5

6 attempt to injure. Jd. In this case the facts presented in the video provided by the People are

7 insufficient to show evidence of any injury to the minor child under this standard. Jd. 8 CONCLUSION 9 Based on the foregoing, each count of the Defendant's second charge of Family 10

11 Violence as a 3rd Degree Felony shall be reduced to a misdemeanor.

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14 SO ORDERED, this day - 2014. 15

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