by Nick Delgado

Guam - A third Superior Court indictment was handed down for one of the individuals involved in a Tamuning riot that led to an alleged police cover-up. 25-year-old Joshua Cruz was indicted by a grand jury on charges of aggravated assault as a 3rd degree felony, a special allegation: possession of a deadly weapon in the commission of a felony and assault as a misdemeanor.

On April 10 Cruz showed up to the Royal Gardens Condominium to see his ex-girlfriend, Derin Santos. The riot started after Cruz rushed to his vehicle to get the baseball bat and allegedly struck Victor Ibarra. Initial magistrates complaint stated Ibarra then grabbed the bat and allegedly began to hit cruz. The complaint stated Marcos Martinez, Kenneth Davo-Roberts and William Stinnett III then allegedly punched and kicked Cruz multiple times while he was on the ground.

But the indictment for Ibarra and Martinez, who are military police officers, struck out charges of aggravated assault and a special allegation of use of a deadly weapon. Attorney General Spokesperson Bryan Cruz said, "Based on the information our office has from the Guam police department, a further review was conducted of all the reports inclusive of the victims statement, Joshua Cruz, and which it was determined no weapon was used on the victim. Thereby negating the charge of aggravated assault with the special allegation," he said.

The AG's independent review, Cruz says, is what cleared the pair of those charges. We should note Davo-Roberts and Stinnett have not yet been indicted for their charges of assault and disorderly conduct. However, Josh Cruz's attorney Randy Cunliffe tells KUAM that he has provided photos and medical reports to police that his client was allegedly hit with a bat.

Cunliffe says he will contact the AG's Office as he disagrees, saying, "I'm sure our office is looking forward to having any discussion that Mr. Cruz's attorney wants to have with our office230 and that's about all that I can comment at this time I'm sure our office welcomes any meeting that we would like to have."

Meantime, Martinez faces charges of possession of a firearm without an identification card as a 3rd degree felony and assault as a misdemeanor, while Ibarra faces charges of permitting a person without an identification card to use his firearm as a 3rd degree felony and terrorizing as a 3rd degree felony. Josh Cruz filed the counter criminal complaint that resulted in an ongoing police internal affairs investigation into several of it's officers, according to Chief of Police Captain Fred Bordallo.

District 1 Commander Captain Kim Santos has been cleared of interfering in the preliminary investigation. her involvement was made known after it was revealed Derin Santos is her daughter, Ibarra is her son-in-law, Davo-Roberts is her nephew, and Stinette is Derin's boyfriend. The case will continue in court on May 11.