The 33-year-old Castro was convicted of sexual abuse of a minor in the second degree in 2003.
The remaining suspect, a juvenile, has yet to be arrested.
In related news, a trial court judge yesterday denied the motion for bail modification filed by Angel Jess Santos, the suspect who was arrested three days after the Kagman incident.
Superior Court Associate Judge Ramona V. Manglona retained the $100,000 cash bail earlier imposed by Associate Judge Kenneth L. Govendo on Castro.
After the hearing, Manglona remanded Castro to the custody of the Department of Corrections.
The court appointed David Banes as counsel for Castro.
Assistant Attorney General Brian D. Gallagher represented the government.
Govendo issued the arrest warrant on Wednesday.
DPS spokesman PO2 Eric David said at about 9:26 p.m. on the same day, investigators arrested Castro outside the Kagman Market in Kagman III.
Castro resisted arrest and attempted to flee when investigators approached his vehicle but the officers at the scene subdued and prevented him from escaping, David said.
“Upon the [defendant’s] arrest, investigators conducted a search on the vehicle that Mr. Castro was occupying and recovered about a gram worth of what is believed to be crystal methamphetamine or ice which carries a street value of about $600,” David said.
Castro was then arrested and transported to the corrections facility where he was booked and detained on charges of kidnapping, rape, sexual assault of a minor, aggravated assault and battery, disturbing the peace, David said.
Denied
Superior Court Associate Judge David A. Wiseman yesterday denied the motion for bail modification filed by the Public Defender’s Office on behalf of kidnap-rape defendant Angel Jess Santos, 21.
“The proposed properties, one of which was recently granted a homestead deed, is not constitutionally eligible for posting as security. [Santos] decided not to proceed with the other real property since it has not been probated,” Wiseman said in his written order yesterday.
He accepted Henry C. Sablan, the defendant’s uncle, as Santos’ third party custodian.
The court has set a $100,000 cash bail for Santos who remains detained at the Department of Corrections facility.
In his reply to the government’s opposition to application for bail modification, Assistant Public Defender Richard C. Miller, who is representing Santos, criticized the “campaign” of the Attorney General’s Office “to demonize [Santos] in the eyes of the public.”
“The community is justifiably outraged when one of its daughters is alleged to have been raped. Understandably, many people in the community will be disturbed that a person accused to have played any role whatsoever in a rape is released before trial,” Miller stated.
“But the disturbance is only aggravated when the prosecutor goes on a campaign to demonize the accused in the eyes of the public. While public safety is a legitimate concern when the court sets bail, public outrage is not,” Miller said.
He said some of the government’s alleged aggravating factors are “false or unsupported in the record.”
Miller said: “If anyone is disturbing the public at this stage, it is the prosecution by spreading false and misleading information about what the government itself alleges happened.”
He added, “This is the same public from which, if this case goes to trial, unbiased jury will have to be chosen…. The damage the government is doing to the potential jury pool may not be remediable.”
Miller said no law enforcement officer or lay witness has said that Santos did any of the acts that the government recited as “facts.”
