Prosecution asks for $3M bail for Chad Desoto

Chad Desoto appeared in the Superior Court of Guam late this afternoon as the Attorney General's Office sought to have his bail modified.

February 15, 2013Updated: February 15, 2013
KUAM NewsBy KUAM News

by Mindy Aguon

Guam - Chad Desoto appeared in the Superior Court of Guam late this afternoon as the Attorney General's Office sought to have his bail modified.  The sounds of cameras clicking drowned out the voice of the superior court clerk as she called the case of Desoto this afternoon.   

Japanese and local media filled Judge Anita Sukola's courtroom this afternoon as Desoto sat shackled next to his defense attorney with his head hung low.  Assistant Public Defender Jocelyn Roden was appointed to represent Desoto as the AG Office filed a motion to modify his bail conditions after a third victim died on Thursday.  Her client had been held on $2 million bail on charges of murder, attempted murder and aggravated assault all with special allegations of possession and use of a deadly weapon in the commission of a felony. 

Desoto went on a rampage on Tuesday night speeding onto the sidewalk in Tumon, hitting six pedestrians, crashing into the ABC Store and then stabbing eight victims - including two children - before he was taken down and restrained.

Roden announced, "I would just like to note to the court that this is an unnecessary hearing. The government has full power to add charges during the grand jury process this is not unlike any other felony where a person is arrested and charged say with a single one count and then later on there are multiple charges and counts attached at the grand jury proceeding. So I'm just saying this for the record I'm a bit concerned about the heightened publicity which may affect the jury pool in this case, Your Honor."

Chief Deputy Attorney General Phil Tydingco requested that the court increase the bail by an additional $1 million due to the death of 51-year-old Hitosi Yokota, who died from injuries he sustained after he was struck by Desoto's car. "Your Honor, at this time the people request the bail be set at $3 million for the same and similar reasons and additional reason that there are new charges," said Tydingco. "There's a new murder victim added to this. The defendant continues to pose an extreme danger to the citizens and the people and the visitors here on Guam."

Judge Sukola granted the request and Desoto is scheduled to appear back in court next Friday for a preliminary hearing, unless the Attorney General's Office takes the case before a grand jury earlier and obtains an indictment against him. 

While he remains behind bars, KUAM News has confirmed that Desoto is being held in a cell by himself.  Department of Corrections spokesperson Lieutenant Antone Aguon says this is normal procedure as every new detainee must be separated from the rest of the population for ten days until they receive medical clearance.  Aguon did confirm that due to concerns raised by corrections officers, Desoto was required to meet with the department's psychologist on Thursday to determine his mental state.  The spokesperson confirms Desoto was cleared. 

While there have been numerous questions raised about why Desoto went on a rampage on Tuesday night and whether he was under the influence of any substances, police and the Attorney General's Office are not confirming whether Desoto was required to undergo any testing or screening before he was placed behind bars.  While toxicology tests are often performed at the Guam Memorial Hospital, medical director Dr. Larry Lizama confirmed that tests were not conducted at GMH, as officials did not want Desoto examined in the Emergency Room while they were still treating the victims from the incident.  Testing for substance abuse and other screenings are offered at the Department of Public Health's Northern Clinic, but confirmation couldn't be disclosed because doing so would be a violation of federal patient privacy regulations.

Any tests though would only show the presence of drugs like crystal methamphetamine and marijuana and not necessarily for synthetic drugs like spice or other similar substances.