By Troy Torres
(Tumon, Guam) Prosecutor Peter Santos wrote a declaration of probable cause against the man sucker punched by Guam Police Officer Joey Aguon that acknowledges the punch and excuses Aguon's brutality. The man, Joebert Boiser Carlos, suffers from a mental condition. He was arrested for disorderly conduct at Ypao Beach; witnesses say he was calling random people to fight, had been involved in altercations, and may have stolen someone's property while there.
The police brutality incident is described by Mr. Santos in his declaration to the Superior Court as a technique conducted by police officer Joey Aguon to gain Mr. Carlos's compliance to enter the police vehicle AFTER Mr. Carlos had kicked the door prior to entry. Here is the excerpt from the report:
On the way back to the patrol car, JOEBERT BOISER CARLOS started walling away toward the beach and had to be physically directed back to the patrol car and as they approached the patrol car JOEBERT BOISER CARLOS thrust himself backwards towards the officer and kicked the rear bumper of the patrol car. The officer then conducted an open palm strike to the abdomen of JOEBERT BOISER CARLOS to gain compliance, after which JOEBERT BOISER CARLOS was placed back into the patrol car.
The video of the incident, however, clearly shows Mr. Carlos kicking the vehicle door, then the vehicle door being reopened, the officers escorting Mr. Carlos a few steps toward the backseat, Mr. Carlos no longer resisting the arrest, and then Mr. Aguon striking Mr. Carlos in the gut.
It should be noted that Mr. Santos is a former Guam Police Officer.
Here is the full declaration (Please excuse the excessive spelling and grammatical errors. These come directly from Mr. Santos's declaration, which we present untouched):
COMES NOW, Peter J. Santos, a duly appointed Assistant Attorney General, and aver,
upon information and belief, that the following is true. I have reviewed GPD Case Nos. 19-35267 which sets forth the following events occurred on Guam.
On December 03, 2019 at about 12:05 p.m. a Guam Police Department Officer conducting
routine patrol and checks at Ypao Beach in Tum of was flagged down by a Department of Parks and Recreation lifeguard. The lifeguard was holding onto the arm of JOEBERT BOISER
CARLOS whose hands were restrained behind him with plastic zip ties. JOEBERT BOISER
CARLOS's clothes were soiled and he had sand on his head and facial area and there were fresh abrasions on his arms and knees, indicating JOEBERT BOISER CARLOS had been involved in a physical altercation or struggle.
The lifeguard began to explain what transpired when JOEBERT BOISER CARLOS
lacked the front passenger side fog light assembly of a Guam Police Department patrol car and became disorderly, belligerent and combative. The Guam Police Officer executed a leg sweep on JOEBERT BOISER CARLOS arid knocked him to the ground and later placed him under arrest and then placed him in the back seat of his patrol car. JOEBERT BOISER CARLOS continued to be combative and was kicldng and using his shoulder to attempt to damage the interior of the patrol car.
The lifeguard then explained that a male individual had alerted him that JOEBERT
BOISER CARLOS attempted to punch him and was calling to other people at the park to fight and was swinging punches at random people. As the lifeguard confronted JOEBERT BOISER CARLOS, he took a bladed fighting stance and grabbed the lifeguard's sunglasses off his face and attempted to punch the lifeguard. The lifeguard then ran back to his lifeguard tower and grabbed his radio and zip ties and again confronted JOEBERT BOISER CARLOS. JOEBERT BOISER CARLOS again tried to punch the lifeguard but again missed.
The lifeguard then executed a takedown of JOEBERT BOISER CARLOS and then turned him over so his stomach faced the ground and the lifeguard was able to secure JOEBERT BOISER CARLOS's hands behind his back.
The Officer contacted another Officer nearby who was taddng a report of theft of property
and requested the victims of the theft to be brought over to see if they could identify JOEBERT BOISER CARLOS as the suspect in the theft since JOEBERT BOISER CARLOS matched the physical description of suspect in the theft. While waiting for the theft victims to arrive, JOEBERT BOISER CARLOS told the Officer that his last name was "Immaculate Conception"and that his home address is "earth." JOEBERT BOISER CARLOS then began speaking Tagalog which the Officer recognized but could not understand. JOEBERT BOISER CARLOS was taken from the patrol vehicle and shown to the theft victims which confirmed that he was not the suspect in the theft. On the way back to the patrol car, JOEBERT BOISER CARLOS started walling away toward the beach and had to be physically directed back to the patrol car and as they approached the patrol car JOEBERT BOISER CARLOS thrust himself backwards towards the officer and kicked the rear bumper of the patrol car. The officer then conducted an open palm strike to the abdomen of JOEBERT BOISER CARLOS to gain compliance, after which JOEBERT BOISER CARLOS was placed back into the patrol car. During transport to Tum of Tamuning Precinct, JOEBERT BOISER CARLOS continuously lacked the metal cage in the patrol car and was instructed to cease, however he continued doing so throughout the entire ride from Ypao beach to the precinct. JOEBERT BOISER CARLOS was noted to also have what appeared to be older injuries to his knuckles to which he replied he was lighting a beach in Guam and that he is the bodyguard of "Santo Papa" (the Pope) and that he defends the church from evil spirits. JOEBERT BOISER CARLOS was treated for injuries by GFD Medics.