HAGÅTÑA (The Guam Daily Post) — A former Guam National Guard member was sentenced to 10 years in federal prison for enticement of a minor.
On Monday morning in the District Court of Guam, Jerry Thomas Guerrero II appeared to be sentenced for engaging in sexual conduct with a 14-year-old girl after meeting her on social media in 2017.
According to court documents, Guerrero met the child on Whisper, an application that allows users to communicate with each other anonymously, on Oct. 1, 2017. The minor stated she was 14 years old before they moved their conversation to Snapchat.
After extensive communication with the child “discussing sexually explicit topics,” Guerrero and the child exchanged sexually explicit photos.
“He offered the child, ‘if you want to see the (expletive), I need a pic.’ … In response, the child sent photographs of herself, including one wearing only a towel. Guerrero sent an image of himself to the child. He also began explaining his sexual preferences,” federal court documents state.
Guerrero, while continuing to send the 14-year-old “sexually explicit suggestions” then proposed to pick up the minor from her residence and indicated he wanted to have sex with the minor. Court documents state between Oct. 1, 2017, through April 30, 2018, Guerrero picked up the minor from her residence and drove her either to Eagles Field or his residence in Pagat, Mangilao, where they “engaged in sexually explicit conduct” and used their phones to depict themselves engaged in the conduct.
On April 2, 2018, an adult discovered the sexual images on the child’s phone and contacted the Guam Police Department. Then in September 2019, federal authorities obtained Snapchat messages between Guerrero and the child.
Recommendations
On Monday, before Chief Judge Frances Tydingco-Gatewood, Rosetta San Nicolas from the United States attorney’s office argued Guerrero should be sentenced to serve 10 years in federal prison because of the facts of the case.
“(The) defendant persuaded, enticed and induced a 14-year-old child to engage in sexual activity. (The) defendant’s persuasion included flattery and secrecy. Ironically, it was the child who reminded the defendant that their sexual activity was illegal. It is indisputable that the defendant acted to obtain sexual gratification,” San Nicolas wrote in her sentencing memorandum.
A term of imprisonment in the middle of the guidelines, or 120 months imprisonment, is appropriate given the history and characteristics of the defendant and is sufficient, but not greater than necessary, to reflect the seriousness of the defendant’s offense, San Nicolas added.
Guerrero’s attorney, Joaquin “Jay” Arriola Jr., however, stated Guerrero should serve 108 months, or nine years, which was the minimum amount of time he faced, according to the federal sentencing guidelines.
Arriola further stated the nine-year term was appropriate in part because of Guerrero’s lack of criminal history and successful career in the military. Additionally, Arriola stated in his sentencing memorandum, it was noteworthy that the minor consented to sexual conduct with Guerrero.
“Although not a legal defense to the charge, it is noteworthy that the victim and her mother never wanted (the) defendant to be arrested or charged and sent to prison for this conduct. The victim told him she was 17 years old and consented to all the acts alleged as criminal conduct,” Arriola wrote.
Tydingco-Gatewood, after hearing the arguments in court Monday, decided to sentence Guerrero to 10 years in federal prison and five years of supervised release upon completion of the term. Guerrero was also ordered to pay $5,000 in restitution, according to the minutes for the hearing filed in federal court.
Jerry Thomas Guerrero II
