Guam court denies teens’ request to move luxury car theft case to juvenile court

Guam Judge Denies Juvenile Transfer for Teen Auto Theft Suspects

A Guam judge has denied a request by two 16-year-old defendants to transfer their felony auto theft cases to juvenile court, ruling that their extensive history of delinquency outweighs their youth.

In a decision filed September 6, 2019, Presiding Judge Alberto C. Lamorena III of the Superior Court of Guam ordered that Iverson Chewek and Minson Detor must face trial as adults.

The Incident

The charges stem from the May 28, 2019 theft of a 2009 BMW 750i from a residential property. According to court documents, the victim, Anna Kao, reported her vehicle stolen along with keys that had been taken during an earlier burglary at her home.

The following day, police officers located the vehicle and conducted a traffic stop, prompting three males to bolt from the car into the jungle. Detor was apprehended at the scene alongside another male, while Chewek was later identified as the driver of the vehicle when police pulled them over.

The Charges

A grand jury returned an indictment on June 17, 2019, charging Detor with second-degree felony counts of theft of a motor vehicle and theft by receiving, alongside a misdemeanor charge of unauthorized use of a motor vehicle. Chewek faces a second-degree felony charge of theft by receiving and a misdemeanor charge of unauthorized use.

The Legal Argument

Attorneys for the teenagers argued for decertification and a transfer to Family Court, citing their age. Under Guam law, prosecutors are mandated to charge 16-year-olds as adults for first- or second-degree felonies, though judges retain the discretion to transfer cases back to the juvenile system if it is proved by clear and convincing evidence to be in the minor's best interest.

The Judge's Reasoning

Judge Lamorena noted that while the offenses did not involve allegations of violence, deadly weapons, or damage to property, factors that weighed in favor of a transfer, the defendants' prior records could not be ignored. Court records revealed that Chewek had ten prior juvenile cases, including two active matters, while Detor had four prior juvenile cases.

"It appears, given his extensive history in the juvenile justice system, that Family Court is just not working for him," Lamorena wrote regarding Chewek, adding that further leniency for both defendants "will have little to no effect on reforming the Defendants' future behavior" and would waste limited family court resources.

Representation and Next Steps

Chewek is represented by defense attorney Terry E. Timblin, and Detor is represented by Samuel S. Teker. Assistant Attorney General Peter Santos appeared for the prosecution.

A pre-trial conference is scheduled for September 11, 2019, with jury selection and trial set to begin on September 30, 2019.