HAGÅTÑA (The Guam Daily Post) — Branty Walliby will spend the next 21 years in prison for his involvement in a fatal attack that resulted in the death of Arnold Narruhn in December 2022.
Walliby, 29, appeared in the Superior Court of Guam on Thursday afternoon to be sentenced for manslaughter as a first-degree felony and assault as a misdemeanor.
Walliby’s charges stem from an altercation involving his brother, Jerron Walliby, Narruhn and another man, John Otto, at New Fatima Mart in Dededo on Dec. 11, 2022.
Branty Walliby was initially charged with murder, however a jury in December 2023, found him guilty of the lesser included offense of manslaughter for his involvement in the death of Narruhn. Branty Walliby also was found guilty of assault as a misdemeanor for attacking Otto.
With the manslaughter conviction, Branty Walliby faced between three and 20 years in prison, as well as a maximum of one year for the assault charge.
Branty Walliby’s attorney, Terrence Timblin, requested Judge Alberto Tolentino give him the minimum of three years, in part because all involved in the altercation were intoxicated.
“It was a serious charge, … but … pretty much most of the participants in this incident were intoxicated and there’s some indication and from the government’s own witness that the (fight) was started because of the provocation by Mr. Otto and Mr. Narruhn,” Timblin said, mentioning Branty Walliby is a father of six children who need Branty Walliby’s support.
Branty Walliby then proceeded to make statements requesting release so he could take care of his children.
“I would like to ask Your Honor to have pity on me and release me, so I can take care of my children,” Branty Walliby said in Chuukese before it was translated by an interpreter.
“I would like to apologize and ask you imprison me for a short time and let me get out to help and raise and support my children,” Branty Walliby added.
Lack of remorse
In response, Assistant Attorney General Christine Tenorio asked that Branty Walliby be sentenced to 21 years in prison, arguing “intoxication” was not a mitigating factor to be considered for sentencing.
Tenorio subsequently referred to evidence in the case, surveillance footage in particular, which showed Branty Walliby continuing to attack Narruhn after he was unconscious.
“The defendant, after he injured the victim and knocked him unconscious, went back to still inflict further injury on the victim. … The defendant did tell everyone he wanted to hurt this person, simply because the victim may have either mouthed off to him (or) made a gesture to him, but that does not entitle you to kill a human being,” Tenorio said, adding that Branty Walliby’s record of alcohol abuse and committing crimes further warrants a lengthier period of incarceration.
Tenorio then addressed Branty Walliby’s remarks in court, which appeared to “lack remorse,” Tenorio said.
“There is no apologizing to the victim’s family or even to give words to the victim himself. … I’m not even sure he regrets what he did and that is a factor when it comes to sentencing because that means any lesser sentence would depreciate the seriousness of the conduct that you yourself can’t even take ownership of what you did and be held accountable for your conduct,” Tenorio stated.
21 years
Tolentino said he considered all arguments and statements made during the hearing, including two letters of support from Branty Walliby’s parents. Narruhn’s family was not present to make any statements to Tolentino.
Tolentino was concerned there were no statements made about Branty Walliby’s conduct during the altercation.
“The court is concerned that somebody died. … Not one statement about the fact that … you were beating up some guy who was already out in the middle of the street, and you kept going and going. … Not one statement about any regrets. … Arnold Narruhn probably had a life just as important (as) yours,” said Tolentino, who added the jury cut Branty Walliby “slack” in finding him guilty of manslaughter as opposed to murder.
Tolentino took four factors into consideration for sentencing – deterrence, rehabilitation, incapacitation and retribution – which led him to sentence Branty Walliby to 20 years for manslaughter and one year for misdemeanor assault, to run consecutively.
Tolentino said Branty Walliby will be eligible for parole after serving two-thirds of his sentence, and also has the opportunity to appeal the conviction and sentence in the Supreme Court of Guam.
Branty Walliby is seen on Tuesday Dec. 12, 2023, during his trial at the Superior Court of Guam in Hagåtña.