Delvin Rios asks court to lift $100K cash bail

Delvin Joe Elieisar Rios, the 24-year-old man charged with second-degree murder in the death of his girlfriend, is asking the Superior Court to release him on his own recognizance while he awaits trial instead of requiring him to post $100,000 cash bail.

Assistant public defender Robert R. McNeill filed the application to modify bail on Sept. 24, proposing Rios’ brother, Nobert Rios, as his third-party custodian.

According to the filing, Nobert Rios lives in Tanapag with the defendant’s father, brother, and mother, who would also help supervise Rios if he is released. The defense said the proposed custodian is a U.S. citizen, has no criminal record, and is employed by Indigent Affairs.

Nobert Rios would report any violation of the terms or conditions of his brother’s bail and ensure that Rios has no contact with the victim’s family, according to the defense.

McNeill argued that the U.S. Constitution and Commonwealth Constitution prohibit excessive bail and that Commonwealth law provides a right to pretrial release on bail for offenses other than first-degree murder.

The defense also cited Commonwealth rules requiring the least restrictive conditions necessary to reasonably assure a defendant’s appearance in court. Alternatives to full cash or property bail can include a third-party custodian, travel restrictions, and other forms of security, the filing states.

Rios was arrested last Aug. 22 following the death of Baybie Dolores San Nicolas Hocog along Chalan Pale Arnold in Garapan.

Two days later, the government successfully asked Superior Court Associate Judge Teresa Kim-Tenorio to maintain Rios’ bail at $100,000 cash, citing his criminal history, juvenile record, probation status, another pending case, and the nature and circumstances of the new case.

Assistant attorney general Heather Barcinas told the court at the Aug. 24 hearing that Rios had prior assault and battery and DUI convictions and remained on probation in the DUI case. The government also said Rios had another pending case involving fleeing and eluding a police officer.

Rios is charged with second-degree murder and other offenses in connection with Hocog’s death. He has pleaded not guilty.

According to a police declaration of probable cause, Department of Public Safety officers responded at about 3:41am on Aug. 22 to a reported auto-pedestrian hit-and-run in front of Paradise Hotel. An officer found Hocog unresponsive in the roadway. She was transported to the Commonwealth Health Center, where she was pronounced dead.

Police alleged that Rios and Hocog, who were boyfriend and girlfriend, had been arguing before the incident. A witness told investigators that Rios pushed Hocog and later drove away while she was in front of his pickup, according to the probable-cause declaration.

The allegations against Rios have not been proven in court, and he is presumed innocent unless proven guilty.

Rios’ case is scheduled for another status conference on Nov. 17 at 9am. At a Sept. 22 status conference, Chief Prosecutor Chester Hinds appeared for the government and McNeill appeared for Rios. The court waived Rios’ presence.