Chad Desoto pleads not guilty by reason of mental illness

by Mindy Aguon

Guam - 21-year-old Chad Ryan Desoto walked into the Superior Court of Guam on Wednesday afternoon, handcuffed and escorted by two marshals.  Japanese media filled the courtroom to document the arraignment hearing while Desoto's mother and other family members sat in the front row holding back tears as they watched him plead not guilty to charges of aggravated murder and attempted aggravated murder.

Public defender Eric Miller stood by Desoto's side, entering his client's plea. "At this time your honor, we will waive reading of the indictment; enter a plea of not guilty - not guilty by reason of mental illness, disease or defect; demand all discovery we are entitled to by law, including Laxamana notes and grand jury proceedings on a disk; demanding a jury of twelve in this matter, and we are waiving our right to a speedy trial," Miller announced.

Desoto is accused of driving on the sidewalk in Tumon near the Sandcastle at a high rate of speed, hitting six pedestrians and then crashing into the ABC Store, getting out and stabbing eight people.  Three people died and eleven others were treated at the Guam Memorial Hospital for their injuries. 

Magistrate Judge Alberto Tolentino ordered that the grand jury proceedings be put on a disk and given to the parties and granted the defense request for all discovery, or documents, related to the case. He said, "What the court is going to do is the court is going to order that the psychological evaluation be performed within ten days of receipt of this order.  

KUAM News has learned that Desoto was the last of the defendants to be escorted into the courtroom this afternoon originally without handcuffs, but it was what happened just minutes before his hearing that had marshals running into the hallway.

Deputy marshal Ted Padua says instead of walking into the courtroom, Desoto attempted to flee into an open elevator.  Padua says the judge wanted all the defendants to be treated fairly and so Desoto, like all of the other defendants who appeared for an arraignment this afternoon, was allowed to walk freely into the courtroom without handcuffs.  But when Desoto fled to the elevator marshals reacted, handcuffing him and bringing him into the courtroom. 

Padua says he asked Desoto why he fled and he says the defendant answered, "anxiety". Desoto continues to be held in his own cell at the Mangilao Compound under close supervision of the Department of Corrections' clinical psychologist, Dr. Andrea Leitheiser.  He will undergo a psychological evaluation in the next ten days and a report will be submitted to the court.  KUAM News sources have stated that Desoto's toxicology test results revealed negative findings for any illegal substances.  

Desoto's next court appearance, a criminal trial setting, is scheduled for March 20 before Superior Court Judge Anita Sukola. Meanwhile at the request of the government, the judge granted a request to dismiss Count Nine of the attempted aggravated murder charge against Desoto.  Attorney General's Office Spokesperson Carlina Charfauros told KUAM News that one of the counts was removed because a victim's name had been duplicated.

Following the hearing international media swarmed the family as they left the courthouse, but they declined to make any comment. 

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Judiciary's Statement

Prior to Defendant DeSoto’s arraignment hearing this afternoon, Defendant DeSoto became uncooperative after the handcuffs and shackles were removed from his person by court marshals in a secured transit corridor exclusively used by court deputy court marshals to routinely escort detainees for court hearings and appearances. The removal of handcuffs and shackles is a customary practice when preparing defendants for court hearings and appearances.

Defendant DeSoto’s sudden movements, which trained law enforcement officers would reasonably believe was an attempt to escape, were thwarted by court deputy marshals. He was not able to move more than six feet away from the court deputy marshals that were escorting him in this secured area.

Defendant DeSoto was again placed in handcuffs by court deputy marshals and was escorted into the courtroom to attend his arraignment hearing.