During yesterday’s preliminary hearing, Superior Court Associate Judge David A. Wiseman said the 21-year-old Santos must answer the charge of one count of kidnapping, one count of sexual assault in the first degree, one count of sexual abuse of a minor in the third degree, once count of assault and battery, and one count of disturbing the peace filed by the Attorney General’s Office.
Currently being held on a $100,000 cash bail, Santos was remanded to the custody of the Department of Corrections after the hearing. His arraignment was set for July 6.
Assistant Attorney general Brian Gallagher represented the government while Assistant Public Defender Richard Miller served as Santos’ counsel.
The Department of Public Safety has yet to announce if it has already arrested the juvenile and another male individual who, according to Santos, were also involved in the kidnapping and rape of the 16-year-old KagHS student.
Santos was arrested by authorities three days after the incident.
A witness told investigators that he thought Santos, together with the juvenile and another individual, were playing with the victim when he saw one of them grabbing her backpack at the back of CYC Store.
The Public Defender’s Office re-filed a motion for bail modification for Santos and the defendant’s uncle, Henry Sablan, was proposed as third party custodian.
A 960-square-meter and 835-square-meter pieces of property were identified as primary and secondary lots to cover the $100,000 appearance bond for Santos.
The Public Defender’s Office earlier withdrew its first motion for bail modification before Superior Court Associate Judge Kenneth L. Govendo.
Assistant Attorney General Shelli Neal stated in her motion that Santos “has demonstrated a blatant disregard for the laws of the commonwealth and clearly presents a danger to the community.”
“[Santos’] actions have caused ongoing fear within the community and his release will further disturb the peace of the citizens of the commonwealth,” Neal added.
The prosecution said the release of Santos “may prevent the detection and arrest of two suspects who remain at large.”
“Additionally, [Santos] has willfully withheld information that would lead to the arrest of his co-defendants,” Neal said.
The prosecutor said Santos’ criminal acts involved several aggravating factors, including 1) acting in concert with two others in a gang rape, 2) sexually and physically assaulting a child of only 16 years of age, 3) causing physical injury during a felony attack, and 4) leaving the victim for dead in an abandoned area.
The AGO strongly opposed the proposal of designating Santos’ mother as his third party custodian, “since it appears the proposed third party custodians are not able to adequately supervise, control, or deter [Santos] from engaging in criminal behavior.”
“The commonwealth respectfully points the court’s attention to the fact that [Santos] was living with the proposed third party custodians [the mother and older brother] when he engaged in the horrific criminal acts,” Neal said.
