flLED SUPERIOR COURT 1 OF GUAM 2 2021 NOV 18 PM 3: 2L4 3 CLERKOFC T 4 By~ 5 6 IN THE SUPERIOR COURT OF GUAM 7 PEOPLE OF GUAM, Criminal Case No. CF0446-18 8 GPD Report No. 18-2 1592 9 V. DECISION AND ORDER 10 LOUIS ANTHONY VARGAS, DENYING DEFENDANT’S DOB: 06/06/1985 MOTION AND APPLICATION 11 FOR BAIL REDETERMINATION 12 Defendant. HEARING FOR UNDER RELEASE TO 8THIRD § 40.50 G.C.A.PARTY 13 CUSTODIANS AND/OR ELECTRONIC MONITORING 14 _______________________________________ 15 INTRODUCTION 16 This matter came before the Honorable Alberto C. Lamorena, III on October 11, 2021 for 17 hearing on Defendant Louis Anthony Vargas’s (“Defendant’s”) Motion and Application for Bail 18 Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or 19 Electronic Monitoring (“Motion”). Assistant Attorney General Christine Tenorio represents the 20 People, and Assistant Public Defender Stephen Hattori represents Defendant. Having duly 21 considered the parties’ briefs, oral arguments, and the applicable law, the Court now issues the 22 following Decision and Order and DENIES Defendant’s Motion. 23 BACKGROUND 24 On July 22, 2018, Defendant was arrested and charged with eight counts of First Degree 25 Criminal Sexual Conduct (as a 1~t Degree Felony) (each accompanied by a Vulnerable Victim 26 sentencing enhancement) and six counts of Second Degree Criminal Sexual Conduct (as a 1St 27 Degree Felony) (each accompanied by a Vulnerable Victim sentencing enhancement). Indictment 28 (Aug.9,2018).
Decision and Order Denying Defendant’s Motion and Application for Bail Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or Electronic Monitoring CF0446-18, People of Guam v. Louis Anthony Vargas Page lof5 1 On September 14, 2018, the Honorable Judge Anita Sukola issued an Order of Conditional 2 Release, ordering that the Defendant be confined to house arrest at his Mangilao residence and not 3 to leave Guam without permission of the Court. See Order of Conditional Release and Appearance 4 Bond (Sep. 14, 2018). It was later discovered that Defendant had left Guam to New Mexico via 5 Hawaii on a United Airlines flight, without having obtained Court permission. See 2~ Violation 6 Report (Oct. 12, 2018). Defendant was subsequently arrested and the Court revoked his pre-trial 7 release conditions. Minute Entry (Oct. 15, 2018). 8 On October 19, 2018, the Court ordered Defendant to remain in custody at the Department of 9 Corrections, Mangilao (“DOC”), pending the posting of one hundred thousand dollars 10 ($100,000.00) cash bail. Order After Hearing Re: Transfer of Custody to United States Air Force V ~ (Oct. 26, 2018). Defendant remains in custody at DOC to this day. 12 Between April 27, 2021 and May 20, 2021, Defendant had his jury trial and was found guilty 13 of Charge Two: Second Degree Criminal Sexual Conduct (Count Four) and its accompanying 14 Special Allegation: Vulnerable Victim Enhancement. See Verdict Forms 17 & 18 (May 20, 2021). 15 Defendant’s sentencing is set for November 10, 2021. 16 On September 17, 2021, Defendant filed his Motion and Application for Bail 17 Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or 18 Electronic Monitoring (“Motion”).. Defendant requested his release on his own recognizance under 19 the supervision of two third party custodians (his mom and sister), subject to electronic monitoring, 20 and with the posting of ten thousand dollars ($10,000.00) cash bail. Motion at 2 (Sep. 17, 2021). 21 Defendant argued these conditions are appropriate because he could stay at a house with no minors, 22 he forfeited his passport and eliminated any flight risk, and because he has no prior arrests or 23 convictions. Id. at 3-4. Additionally, Defendant argued that continued confinement at DOC poses 24 a risk of danger to him, as he has already been assaulted on several occasions while incarcerated. 25 Id.at3-4. 26 The Court held a hearing on October 11, 2021. After hearing the arguments of the parties, 27 the Court took the matter under advisement. 28
Decision and Order Denying Defendant’s Motion and Application for Bail Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or Electronic Monitoring CF0446-18, People of Guam v. Louis Anthony Vargas Page 2 of 5 1 DISCUSSION 2 “A person for whom conditions of release of release are imposed ... and who after twenty- 3 four (24) hours from the time of release hearing continues to be detained as a result of his inability 4 to meet the conditions of release, shall, upon application, be entitled to have the conditions 5 reviewed by the Court.” 8 G.C.A. § 40.50. 6 “A person who has been convicted of an offense and is ... awaiting sentencing ..., shall be 7 released ... pending the imposition of sentence ... unless the Court has reason to believe that no one 8 or more conditions of release will reasonably assure that the person will not flee or pose a danger to 9 any other person or the community. If such a risk of flight or danger is believed to exist, ... the 10 person may be ordered detained.” The law identifies several factors in making such a 11 determination, which include: 12 (1) The nature of the offense charged, the apparent possibility of conviction, and the likely sentence; 13 (2) The history and characteristics of the person charged, including: 14 (A) Length of his/her residence on Guam; (B) His/her employment status and history, and financial condition; 15 (C) His/her family ties and relationships; (D) His/her reputation, character, and mental and physical condition; 16 (E) His/her prior criminal record, if any, including any record of prior release 17 on recognizance or on bail; (F) His/her history relating to drug or alcohol abuse; 18 (G) The identity of the reasonable members of the community who will vouch for his/her reliability; 19 (I) Whether, at the time of the current offense or arrest, he/she was on probation, on parole, or on other release pending trial, sentencing, appeal, 20 or completion of sentence of an offense under federal, state, or local law; 21 and (3) The nature and seriousness of the danger the person would pose to the 22 community or any individual member thereof if released; (4) Statements of the alleged victim or others as to previous incidences of violence 23 and threats made to the alleged victim; 24 (5) Lethality risk assessments or other risk assessments deemed appropriate by the Judiciary of Guam; and 25 (6) Any other factors which bear on the risk of willful failure to appear or the danger the person would pose to the community or to any individual member thereof if 26 released. 27 8 G.C.A. § 40.15(c). 28
Decision and Order Denying Defendant’s Motion and Application for Bail Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or Electronic Monitoring CF0446-18, People of Guam v. Louis Anthony Vargas Page 3 of 5 1 Where the judge determines that release of the person charged on his/her own recognizance will not reasonably assure his/her appearance as required, or will 2 endanger the safety of any other person or the community, the judge shall impose the 3 lease onerous of the following conditions which is reasonably likely to assure the person’s appearance as required and the safety of any other person and the 4 community, or, if no single condition gives that assurance, the least onerous combination of the following conditions. 5 8 G.C.A. § 40.20.
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flLED SUPERIOR COURT 1 OF GUAM 2 2021 NOV 18 PM 3: 2L4 3 CLERKOFC T 4 By~ 5 6 IN THE SUPERIOR COURT OF GUAM 7 PEOPLE OF GUAM, Criminal Case No. CF0446-18 8 GPD Report No. 18-2 1592 9 V. DECISION AND ORDER 10 LOUIS ANTHONY VARGAS, DENYING DEFENDANT’S DOB: 06/06/1985 MOTION AND APPLICATION 11 FOR BAIL REDETERMINATION 12 Defendant. HEARING FOR UNDER RELEASE TO 8THIRD § 40.50 G.C.A.PARTY 13 CUSTODIANS AND/OR ELECTRONIC MONITORING 14 _______________________________________ 15 INTRODUCTION 16 This matter came before the Honorable Alberto C. Lamorena, III on October 11, 2021 for 17 hearing on Defendant Louis Anthony Vargas’s (“Defendant’s”) Motion and Application for Bail 18 Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or 19 Electronic Monitoring (“Motion”). Assistant Attorney General Christine Tenorio represents the 20 People, and Assistant Public Defender Stephen Hattori represents Defendant. Having duly 21 considered the parties’ briefs, oral arguments, and the applicable law, the Court now issues the 22 following Decision and Order and DENIES Defendant’s Motion. 23 BACKGROUND 24 On July 22, 2018, Defendant was arrested and charged with eight counts of First Degree 25 Criminal Sexual Conduct (as a 1~t Degree Felony) (each accompanied by a Vulnerable Victim 26 sentencing enhancement) and six counts of Second Degree Criminal Sexual Conduct (as a 1St 27 Degree Felony) (each accompanied by a Vulnerable Victim sentencing enhancement). Indictment 28 (Aug.9,2018).
Decision and Order Denying Defendant’s Motion and Application for Bail Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or Electronic Monitoring CF0446-18, People of Guam v. Louis Anthony Vargas Page lof5 1 On September 14, 2018, the Honorable Judge Anita Sukola issued an Order of Conditional 2 Release, ordering that the Defendant be confined to house arrest at his Mangilao residence and not 3 to leave Guam without permission of the Court. See Order of Conditional Release and Appearance 4 Bond (Sep. 14, 2018). It was later discovered that Defendant had left Guam to New Mexico via 5 Hawaii on a United Airlines flight, without having obtained Court permission. See 2~ Violation 6 Report (Oct. 12, 2018). Defendant was subsequently arrested and the Court revoked his pre-trial 7 release conditions. Minute Entry (Oct. 15, 2018). 8 On October 19, 2018, the Court ordered Defendant to remain in custody at the Department of 9 Corrections, Mangilao (“DOC”), pending the posting of one hundred thousand dollars 10 ($100,000.00) cash bail. Order After Hearing Re: Transfer of Custody to United States Air Force V ~ (Oct. 26, 2018). Defendant remains in custody at DOC to this day. 12 Between April 27, 2021 and May 20, 2021, Defendant had his jury trial and was found guilty 13 of Charge Two: Second Degree Criminal Sexual Conduct (Count Four) and its accompanying 14 Special Allegation: Vulnerable Victim Enhancement. See Verdict Forms 17 & 18 (May 20, 2021). 15 Defendant’s sentencing is set for November 10, 2021. 16 On September 17, 2021, Defendant filed his Motion and Application for Bail 17 Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or 18 Electronic Monitoring (“Motion”).. Defendant requested his release on his own recognizance under 19 the supervision of two third party custodians (his mom and sister), subject to electronic monitoring, 20 and with the posting of ten thousand dollars ($10,000.00) cash bail. Motion at 2 (Sep. 17, 2021). 21 Defendant argued these conditions are appropriate because he could stay at a house with no minors, 22 he forfeited his passport and eliminated any flight risk, and because he has no prior arrests or 23 convictions. Id. at 3-4. Additionally, Defendant argued that continued confinement at DOC poses 24 a risk of danger to him, as he has already been assaulted on several occasions while incarcerated. 25 Id.at3-4. 26 The Court held a hearing on October 11, 2021. After hearing the arguments of the parties, 27 the Court took the matter under advisement. 28
Decision and Order Denying Defendant’s Motion and Application for Bail Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or Electronic Monitoring CF0446-18, People of Guam v. Louis Anthony Vargas Page 2 of 5 1 DISCUSSION 2 “A person for whom conditions of release of release are imposed ... and who after twenty- 3 four (24) hours from the time of release hearing continues to be detained as a result of his inability 4 to meet the conditions of release, shall, upon application, be entitled to have the conditions 5 reviewed by the Court.” 8 G.C.A. § 40.50. 6 “A person who has been convicted of an offense and is ... awaiting sentencing ..., shall be 7 released ... pending the imposition of sentence ... unless the Court has reason to believe that no one 8 or more conditions of release will reasonably assure that the person will not flee or pose a danger to 9 any other person or the community. If such a risk of flight or danger is believed to exist, ... the 10 person may be ordered detained.” The law identifies several factors in making such a 11 determination, which include: 12 (1) The nature of the offense charged, the apparent possibility of conviction, and the likely sentence; 13 (2) The history and characteristics of the person charged, including: 14 (A) Length of his/her residence on Guam; (B) His/her employment status and history, and financial condition; 15 (C) His/her family ties and relationships; (D) His/her reputation, character, and mental and physical condition; 16 (E) His/her prior criminal record, if any, including any record of prior release 17 on recognizance or on bail; (F) His/her history relating to drug or alcohol abuse; 18 (G) The identity of the reasonable members of the community who will vouch for his/her reliability; 19 (I) Whether, at the time of the current offense or arrest, he/she was on probation, on parole, or on other release pending trial, sentencing, appeal, 20 or completion of sentence of an offense under federal, state, or local law; 21 and (3) The nature and seriousness of the danger the person would pose to the 22 community or any individual member thereof if released; (4) Statements of the alleged victim or others as to previous incidences of violence 23 and threats made to the alleged victim; 24 (5) Lethality risk assessments or other risk assessments deemed appropriate by the Judiciary of Guam; and 25 (6) Any other factors which bear on the risk of willful failure to appear or the danger the person would pose to the community or to any individual member thereof if 26 released. 27 8 G.C.A. § 40.15(c). 28
Decision and Order Denying Defendant’s Motion and Application for Bail Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or Electronic Monitoring CF0446-18, People of Guam v. Louis Anthony Vargas Page 3 of 5 1 Where the judge determines that release of the person charged on his/her own recognizance will not reasonably assure his/her appearance as required, or will 2 endanger the safety of any other person or the community, the judge shall impose the 3 lease onerous of the following conditions which is reasonably likely to assure the person’s appearance as required and the safety of any other person and the 4 community, or, if no single condition gives that assurance, the least onerous combination of the following conditions. 5 8 G.C.A. § 40.20. 6 These conditions include: 7 (a) Placement of the person in the custody of the designated person or organization 8 agreement to supervise him/her and to assist him/her in appearing in court; (b) Placement of restrictions on the activities, movements, associations, and residence of the person; 10 (c) Placement of the person under supervision by means of electronic monitoring, including electronic monitoring with alleged victim stay-away alert technology, 11 if available, and subject to the payment of fees or the exemption of fees, and other rules established by the Court for electronic monitoring; 12 (d) Execution of a bond in an amount specified by the judge; such bond in the 13 discretion of the judge to be either unsecured or secured in whole or in part by the deposit of cash or other property, or by the obligation of qualified sureties; 14 (e) Release of the person during working hours, but with the condition that he/she return to custody at specified times; 15 (g) Any other condition reasonably necessary to assure appearance as required and 16 the safety of any other person and the community. 8 G.C.A. § 40.20. 17 18 Defendant’s release on his own recognizance will not reasonably assure his future 19 appearance as Defendant firmly established himself as a flight risk. Defendant has already 20 previously failed to obey the Court’s orders, as evidenced by the Violation Reports which led to the 21 revocation of his pre-trial release. Defendant had an opportunity for pre-trial/pre-sentencing 22 release, but subsequently lost that opportunity when he left Guam. Defendant’s current risk of 23 flight is objectively greater than it was at pre-trial, as he’s already been convicted of a Second 24 Degree Felony. Furthermore, the Court does not believe less burdensome conditions such as 25 electronic monitoring will establish Defendant’s presence, since he’s already shown a willingness 26 to go against the Court’s orders. 27 CONCLUSION 28
Decision and Order Denying Defendant’s Motion and Application for Bail Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or Electronic Monitoring CF0446-l8, People of Guam v. Louis Anthony Vargas Page 4 of 5 1 For the reasons stated above, the Court DENIES Defendant’s Motion. The Court will not 2 modify Defendant’s conditions of release, and the one hundred thousand dollar ($100,000.00) bail 3 will remain in place. 4 5 IT IS SO ORDERED this 6 7 8 9 HONORABLE ALBERTO C. LAMORENA, III Presiding Judge, Superior Court of Guam 10 11 12 13 14 15 16 17 18 19 20 21 22 SERVICE VIA E-MAIL 23 I acknowledge that an electronic copy of the original was e-rnailed to: 24 25 Date: ~ Time: ________
26 Deputy Clerk, Superior Court of Guam 27 28
Decision and Order Denying Defendant’s Motion and Application for Bail Redetermination Hearing Under 8 G.C.A. § 40.50 for Release to Third Party Custodians and/or Electronic Monitoring CF0446-18, People of Guam v. Louis Anthony Vargas Page 5 of 5