Judge denies Rios’ bid to modify $100,000 bail

Superior Court Associate Judge Joey Patrick Nicolas last Oct. 6 denied Delvin Rios’ motion to modify his $100,000 bail, finding that the cousin proposed to serve as his third-party custodian was not an appropriate choice to supervise him if released.

Rios had sought release under the supervision of his cousin, Norbert Rios, who testified that he was willing to serve as third-party custodian.

Nicolas, however, cited concerns that Norbert works full time at the Indigenous Affairs Office and would not be at the residence for much of the day. The judge also noted that Norbert does not have his own vehicle.

The court said those circumstances raised concerns about whether Norbert could adequately supervise Rios and ensure that he appears for court proceedings.

Nicolas also considered Rios’ prior record, his court-appearance history, and the seriousness of the charges in denying the motion.

At the same time, the judge stressed that Rios remains presumed innocent and that the charges against him must be proven beyond a reasonable doubt.

Chief Prosecutor Chester Hinds, who opposed the bail modification, said after the hearing that he agreed with the ruling.

“The defendant is charged with second-degree murder. It’s a terrible, terrible crime. And I think the judge’s decision was correct,” Hinds said.

During the hearing, Hinds argued that Norbert would be unable to personally monitor Rios for much of the day because of his job.

Hinds told the court that a the third-party custodian can’t be somebody who’s watching from afar.

Hinds also pointed to Rios’ prior record and pending matters in opposing the request.

Rios, 24, is charged in connection with the Aug. 22 death of Baybie Dolores San Nicolas Hocog on Chalan Pale Arnold in Garapan.

At an Aug. 31 preliminary hearing, then-Associate Judge Teresa Kim-Tenorio found probable cause on six charges: second-degree murder, voluntary manslaughter, assault with a dangerous weapon, aggravated assault and battery, assault and battery, and driving under the influence.

Rios, through Assistant Public Defender Robert McNeil, pleaded not guilty to the charges.

Authorities have alleged that Hocog was struck by Rios’ white Toyota Tacoma during an early-morning incident following a confrontation. She was taken to the Commonwealth Health Center, where she was pronounced dead.

The allegations have not been proven in court.

The latest ruling does not prevent the defense from again asking the court to modify Rios’ bail if circumstances change or another proposed third-party custodian is presented.

McNeil said after Tuesday’s hearing that Norbert’s mother is among those being considered.

“I think I need to probably look at a different third-party custodian, obviously. But she would certainly be one of them that we would consider,” McNeil said.

McNeil said the defense would likely look for someone older and more closely related who could assume the responsibilities of a third-party custodian.

Asked what comes next for the defense, McNeil said preparations for trial are continuing.

“Well, we’ve got discovery. I mean, it’s obvious we’re working ahead toward going to trial,” he said.

Hinds likewise said the case will now move toward its next status conference.

“Right now, we wait for the next status conference, and then at that time, the case will probably get set for trial,” Hinds said.

Rios remains held on $100,000 cash bail while the case is pending.