The following is taken directly from a declaration of probable cause filed by prosecutor Sean Brown against Joe Martin Borja Mantanona, 28:
COMES NOW, SEAN BROWN, a duly appointed Assistant Attorney General, and assert, upon information arid belief, that the following is true.
I have reviewed Guam Police Report No. 20-29166 submitted by GPD Officer R. Santiago and others which set forth that the following events occurred on Guam.
On or about November 19, 2020, police responded to a walk-in complaint at the Southern Precinct Command. Police met with a witness who explained that a female known to her as L.R.S.N. (born: 04/04/2004) had something to tell her about a male identified as JOE MARTIN BORJA MANTANONA (Defendant). Police interviewed L.R.S.N. who stated that Defendant is a family or household member and earlier in the day Defendant asked L.S.R.N to massage him. L.R.S.N. told police that Defendant had her massage his back, then he laid down on his back and asked her to massage his thighs. L.R.S.N. informed police that Defendant instructed her to massage his penis and grabbed her bands and put them on his penis. L.S.R.N explained that Defendant put his hand under her shirt and squeezed her right boob. L.R.S.N. stated that Defendant moved his hand down to her pants and put his hand insider her panty where he touched her vagina and inserted his finger into her vagina about five or more times. L.S.R.N said Defendant stopped When she moved away from him and he told her "to promise you won't tell anyone".
Police interviewed a juvenile male witness who was in the residence. That male juvenile witness told police that L.R.S.N. woke him up and asked for him to. lookout for her and Defendant. The male juvenile witness explained that-.he left his room and later and observed Defendant laying down near the entertainment center and L.R.S.N. next to him while Defendant's hand was caressing L.R.S.N.'s thigh heading toward her pelvis area. Defendant provided a written statement to the police on December 14, 2020 where he wrote that a massage did occur and that L.R.S.N. was massaging his leg when his penis started to get hard. Defendant also wrote "I squeezed the back side of her breast and I told her that's enough."
Based on the forgoing, there is probable cause to charge JOE MARTIN BORJA MANTANONA with one count of FIRST DEGREE CRIMINAL SEXUAL CONDUCT (as a First Degree Felony) in violation of Title 9 G.C.A. § 25.15 (a)(2) and (b), with two counts of SECOND DEGREE CRIMINAL SEXUAL CONDUCT (as a First Degree Felony) in violation of Title 9 G.C.A. § 25.20 (a)(2) and (b); and with one count of THIRD DEGREE CRIMINAL SEXUAL CONDUCT (as a Second Degree Felony) in violation of Title 9 G.C.A. § 25.25 (a)(1) and (b).