HAGÅTÑA (The Guam Daily Post) — A felon who pleaded guilty to possessing a firearm was released pending sentencing after his lawyer said he was attacked in prison for cooperating with the government.
The case of Joshua Keith Terlaje was unsealed Friday in the District Court of Guam.
According to federal court records, Terlaje was indicted in January on the charge of felon in possession of firearm and ammunition. The charge stems from a March 2021 traffic stop during which Terlaje was detained on suspicion of illegal hunting in the Malojloj, Inalåhan, area.
Terlaje, who was driving a black Toyota truck, was found to be in possession of a shotgun he received from another party identified only by initials. The shotgun and ammunition were later determined to have been shipped and transported to Guam.
Since Terlaje was convicted in the Superior Court of Guam of a 2016 burglary as a second-degree felony, he was restricted from possessing firearms and ammunition, according to Terlaje’s plea agreement, which was accepted by the federal court in May.
Cooperation
After Terlaje entered his guilty plea, he was placed on conditional release. However, he was remanded to prison last month for failing to appear at his court hearings.
On Sept. 7, Terlaje’s attorney, William Gavras, filed a motion for his client to be released until sentencing for several reasons.
The first reason, Gavras explained in his motion, was that Terlaje posed no flight risk despite his failure to appear in court.
The second reason relates to Terlaje’s cooperation with the government.
“Far from being a danger to the community, (the) defendant, at great personal risk, has provided the community substantial assistance in bringing to justice a dangerous fugitive involved in the drug trade,” Gavras said in the motion, adding Terlaje did not sell drugs, but has been threatened while in custody.
“(The) defendant has stated to the Court that he has been threatened with his life while confined, and that this threat was due to his cooperation with the government. At his last court appearance, his hand was visibly swollen as a result of an attack which (the) defendant took as (a) down payment for the price he must pay for having helped society through his cooperation,” Gavras wrote.
After Gavras made the motion, federal prosecutors did not oppose Terlaje’s release, which led to Magistrate Judge Michael Bordallo releasing Terlaje on Friday, at which point Bordallo also unsealed the case.
Terlaje is due back in court Sept. 26 for a status hearing and is scheduled to be sentenced Dec. 18.
The District Court of Guam building is seen Thursday, Sept. 14, 2023, in Hagåtña. A case was unsealed Friday, Sept. 15, 2023, for a felon who pleaded guilty to gun possession.
Joshua Keith Terlaje
