HAGÅTÑA (The Guam Daily Post) — A former police officer terminated after an alleged altercation in July has appealed his case at the Civil Service Commission, but those proceedings will have to wait until pending criminal matters are completed at the Superior Court of Guam.
Attorney Michael Phillips, representing Peter Jesse Perez Leon Guerrero, stated during a CSC status call on Dec. 1 that he expects a trial in the criminal case would happen within the next few months. Another status call was set for Feb. 21, 2024.
Leon Guerrero was arrested in late August and charged with aggravated assault as a third-degree felony for allegedly causing or attempting to cause injury to Frederico Santiago during an incident on July 30 at the beachside area of Nana’s Cafe in Tumon. He was indicted in early September.
The Guam Police Department also conducted an internal investigation, leading to Leon Guerrero’s termination on Oct. 1.
According to a magistrate’s complaint, Leon Guerrero’s brother had reportedly gotten into a “scuffle” with Santiago. After family members stopped the fight, Leon Guerrero allegedly approached Santiago from behind and struck him. Santiago reportedly fell unconscious and suffered injuries to his face.
GPD findings
Leon Guerrero and his brother reportedly left the scene before police arrived, according to findings contained in Leon Guerrero’s termination papers.
Police officers spoke to Santiago’s niece, who said her uncle walked toward a group of men in a nearby tent, while a man wearing a black shirt started taunting him, the findings stated.
The two then took a fighting stance, the niece added, with the male in the black shirt punching Santiago in the face once. The niece stated that Santiago was standing with his head dropped, as if looking at his feet, when a man in a blue shirt punched him, causing him to fall down.
Surveillance footage showed a man in a blue shirt, believed to be Leon Guerrero, punching another man, believed to be Santiago, but police could not confirm their identities.
Police interviewed both Santiago and Leon Guerrero.
According to the findings, Santiago indicated he had been drinking alcohol the day of the alleged incident and had approached a tent where two male individuals had been standing.
“Mr. Santiago stated that he felt the reason he approached the male individual was that he felt he was being provoked as he perceived that the male individual was staring at him and that he was also intoxicated, and that ‘liquid courage’ made him act the way he did,” the findings stated.
Santiago said he did not remember what he said or did, and only remembered being punched in the eye by a man wearing a black shirt. He later learned that he was hit by another person, who was identified by another police officer as Leon Guerrero, according to the findings.
Santiago stated that he felt guilty because he knew he made the wrong decision, and he accepted his responsibility in the matter. Santiago stated he did not want to press charges and did not feel that he was being intimidated, according to the findings.
But Santiago also stated that, overall, because other off-duty officers were at the scene and knew Leon Guerrero was an off-duty officer, he felt Leon Guerrero “should have never done what he did” and that the other officers could have easily apprehended and arrested him, the findings stated.
Santiago stated he suffered from a broken/fractured eye socket, a concussion and a cut to his chin that required seven to eight stitches. He stated that he was taken to the emergency room and that his medical expenses would be about $10,000 to $20,000, with potential future surgery probably costing $6,000 to $10,000 more.
Defending brother
According to the findings, Leon Guerrero stated that he saw Santiago punching his brother, while several others appeared to surround his brother.
“(Leon Guerrero) stated that he then immediately ran to their direction to stop the altercation and, as he stood next to Frederico, it appeared as if Frederico was going to continue attacking (his brother), which he then struck the male individual to prevent him from further attacking,” the findings stated.
Ultimately, Leon Guerrero, his brother and Santiago were arrested, according to the findings. Leon Guerrero was booked and confined while the other two were booked and released, the findings stated.
Leon Guerrero’s termination papers concluded that he, through his actions and arrest, failed to comply with the law enforcement code of ethics and his oath of office, had violated rules and law and had engaged in unbecoming conduct.
His appeal to the CSC denies the findings in his final adverse action, while adding that Leon Guerrero’s termination violated progressive discipline policy.
“Officer Leon Guerrero’s actions alleged were not unreasonable, but instead a necessary reaction to violence inflicted upon his brother,” the appeal stated.
Peter Jesse Perez Leon Guerrero
