HAGÅTÑA (The Guam Daily Post) — A man who pleaded guilty to molesting a 12-year-old boy while high on methamphetamine will spend three more years in prison.
Joshua Dean Chargualaf appeared in the Superior Court of Guam on Thursday morning to be sentenced for charges related to sexually assaulting a 12-year-old boy in February 2021.
Chargualaf initially was charged with first- and second-degree criminal sexual conduct as first-degree felonies. However, he took a plea deal with the Office of the Attorney General, and the terms consisted of him pleading guilty to custodial interference as a third-degree felony.
According to Guam law, custodial interference involves taking a minor from the minor’s lawful custodian with the knowledge of not having the right to do so.
The plea agreement also outlined that Chargualaf would be sentenced within a range of one to four years for the charge.
Assistant Attorney General Christine Tenorio asked Judge Vernon Perez to sentence Chargualaf to four years because of the trauma “inflicted” on the minor victim in the case, who, according to Tenorio, decided not to go to trial to try and put the incident behind him.
“This incident has impacted (the boy) in so many ways. Really, it changed his life, and it changed the way he deals with people. … Despite the trauma that was done to the child at such a young age, he is trying to better himself and move past this stage,” said Tenorio, who also indicated the victim, although not being present at the sentencing hearing, asked that Chargualaf be given the maximum sentence.
Additionally, Tenorio discussed Chargualaf’s drug problem, considering court documents stated Chargualaf sexually assaulted the minor while he was high on meth.
“Mr. Chargualaf appears to have a substance abuse issue … (that) is part of the problem. But the reason why the People bring that up is because it’s kind of escalating. He went from doing property crimes, he has convictions for property crimes, and he went from having a drug problem to escalating and now is preying on minor children,” Tenorio said.
“So, for those reasons, Your Honor, we believe that any sentence lesser than four years would depreciate the seriousness of the defendant’s offenses. We ask for four years,” Tenorio added.
In response, Chargualaf’s attorney, John Morrison, the deputy director of the Public Defender Service Corp., asked that his client serve one year or be released on electronic monitoring.
Morrison’s request for the minimum stems from Chargualaf being a caretaker for his mother.
“Although Joshua has been in custody for about the last year, life does go on, and she’s (Chargualaf’s mother) in need of his assistance. She has trouble getting around and has mobility problems. Joshua, she says, is the one in particular who would take her to appointments, make sure she doesn’t have any difficulties at home and that she’s able to function well with his assistance,” Morrison argued, adding that Chargualaf was interested in participating in treatment and counseling.
While there was discussion between Morrison and Tenorio regarding some of the terms of the plea agreement, in particular if it will allow Chargualaf to be sentenced to probation or parole, Perez decided to sentence Chargualaf to four years with credit for time served.
Since Chargualaf has been in custody for about a year, he will serve three more years and will be on parole for two years after being released.
The Guam Judicial Center is seen Feb. 12, 2024, in Hagåtña.
