by Sabrina Salas Matanane

Guam - Three out of the five men arrested in connection to a riot that occurred at the Royal Gardens Condominiums appeared in the Superior Court of Guam today, pleading not guilty to the charges they were indicted on. Depending on which court documents you read, there are two separate accounts of what allegedly happened during the early morning hours of April 10.

Josh Cruz alleges he was jumped by four guys, which included Martinez and Ybarra. Martinez's attorney, Howard Trapp, however, disputes those allegations. He told KUAM News, "In other words, Mr. Martinez was defending, among others, his co-defendant and at the time that this went down. I think it's obvious that he was and what we ask ourselves is we've heard a lot on the media about how poor Mr. Cruz, but on the other hand Mr. Cruz, we ask ourselves first what was he doing there he had no business being there in the first place, except causing trouble?

"After that he got into trouble with the people there and as a result of his behavior he ran back to his car and got a baseball bat. Why did he go back and get a baseball bat? It wasn't to defend himself, because if he did defend himself when he went back to the car to get the baseball bat, when all he had to do was close the car door turn on the accelerator and get the hell out of there."

Cruz was the only person arrested immediately after the incident. It wasn't until after he filed a counter criminal complaint with the Guam Police that Martinez, Ybarra, William Stinette, Kenneth Davo-Roberts and Derin Santos were arrested.

A GPD internal affairs investigation is ongoing.