Delvin Joe Elieisar Rios, the 24-year-old man charged with second-degree murder in the death of his girlfriend, has prior convictions, a juvenile record, and another pending case, according to the Office of the Attorney General.
The government cited Rios’ history as it successfully asked the Superior Court to maintain his bail at $100,000 cash in connection with the death of Baybie Dolores San Nicolas Hocog.
Rios appeared before Superior Court Associate Judge Teresa Kim-Tenorio last Aug. 24, two days after his arrest. Assistant attorney general Heather Barcinas represented the government, while assistant public defender Emily Thomsen appeared for Rios.
Barcinas told the court that Rios has a prior assault and battery conviction, as well as a juvenile record. She also said Rios has a DUI conviction and remains on probation in that case.
The government further informed the court that Rios has another pending case, involving fleeing and eluding a police officer. A $200 bench warrant had been issued in that case after Rios failed to appear for a July 1 status conference.
During Monday's proceedings, Kim-Tenorio quashed the bench warrant and scheduled a status conference in that case for Sept. 22 at 1:30pm.
Rios appeared in court in a jumpsuit and shackles. The court appointed the Office of the Public Defender to represent him after questioning him about his ability to retain private counsel. Thomsen told the court that her office already represents Rios in another pending matter.
Rios is charged with second-degree murder, assault with a dangerous weapon, assault and battery, vehicular homicide, DUI, and domestic violence in connection with Hocog's death.
During the hearing, the government advised the court that second-degree murder carries a maximum penalty of life imprisonment and a $10,000 fine, or both. Assault with a dangerous weapon carries up to 10 years’ imprisonment and a $10,000 fine, while assault and battery carries up to one year imprisonment and a $1,000 fine. The government also outlined the potential penalties for vehicular homicide and DUI.
Barcinas asked Kim-Tenorio to maintain the $100,000 cash bail, citing Rios' criminal history, juvenile record, current probation, pending case, and the nature and circumstances of the new case. Thomsen reserved the defense's request for any modification of bail for a later time.
Kim-Tenorio maintained bail at $100,000 cash.
If Rios posts bail, the court ordered him to return for required court proceedings, obey Commonwealth and federal laws, stay away from airports and seaports, refrain from possessing or consuming alcoholic beverages, keep appointments with his attorneys, and have no direct or indirect contact with Hocog's family. His preliminary hearing is scheduled for Aug. 31 at 10am.
The case stems from an incident early Saturday morning, Aug. 22, along Chalan Pale Arnold in Garapan.
According to a declaration of probable cause filed by police, Department of Public Safety officers were dispatched at about 3:41am to a reported auto-pedestrian hit-and-run in front of Paradise Hotel. An officer who arrived at the scene found Hocog unresponsive in the roadway.
Emergency medical personnel attempted to revive Hocog before transporting her to the Commonwealth Health Center, where she was pronounced dead.
Police alleged that Rios showed signs of intoxication at the scene. An anonymous witness who recorded portions of the incident also provided investigators with an account of an altercation between Rios and Hocog before she was struck.
According to the probable-cause declaration, the witness reported seeing Rios exit a white pickup truck and push Hocog. The witness subsequently reported seeing Hocog in front of the pickup before Rios allegedly drove away.
Investigators later examined the pickup and reported finding what they described as blood, fatty tissue, and blood splatter near the vehicle's front-right tire and frame.
Rios told police that he and Hocog were boyfriend and girlfriend and that they had left a bar in Garapan at around 3am before getting into an argument.
The allegations contained in the probable-cause declaration have not been proven in court.
Hocog, meanwhile, was remembered by the 24th Rota Legislative Delegation as a dedicated public servant who served as the delegation's journal clerk.
In a statement issued on behalf of the delegation, Rep. Julie A. Ogo extended condolences to Hocog's family, loved ones, and friends. The delegation said it was deeply saddened by the loss of someone it described as both a dedicated public servant and a valued member of its legislative family.
The delegation said Hocog's service, commitment, and contributions to the people of Rota would be remembered with gratitude, and that her death left deep sadness among those who knew and worked alongside her. It also offered its thoughts and prayers to Hocog's family and thanked her for her service to Rota.
Editor's note: If you or someone you know has experienced domestic or sexual violence, you are not alone. Support is available through the 24/7 Karidat Victim Hotline at (670) 234-5100 or the 24/7 Karidat Sexual Assault Helpline at (670) 838-7233.
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