Rios bail hearing postponed; proposed custodian not present

Delvin Joe Elieisar Rios will have to wait another week for the Superior Court to consider his bid to replace his $100,000 cash bail with release under a third-party custodian after his proposed custodian was not present for the Sept. 30 hearing.

Rios, 24, who is charged with second-degree murder and five other offenses in connection with the death of his girlfriend, Baybie Dolores San Nicolas Hocog, appeared in custody before the Superior Court.

Assistant public defender Robert McNeill, representing Rios, informed the court that he was not prepared to proceed because Rios' brother, who is being proposed as his third-party custodian, was not there.

The court continued the bail hearing to Oct. 6 at 2:30pm.

Chief Prosecutor Chester Hinds appeared for the government.

Rios remains in Department of Corrections custody on $100,000 cash bail.

As previously reported by Marianas Press, the defense filed an application Sept. 24 asking the court to release Rios on his own recognizance and place him under the supervision of his brother, Nobert Rios, as third-party custodian.

The case stems from Hocog's death during an early morning incident Aug. 22 along Chalan Pale Arnold in Garapan.

Rios has pleaded not guilty to second-degree murder, voluntary manslaughter, assault with a dangerous weapon, aggravated assault with a dangerous weapon, assault and battery, and driving under the influence.

At an Aug. 31 preliminary hearing, the government presented evidence alleging that Rios and Hocog were involved in a confrontation before she ended up on the hood of Rios' Toyota Tacoma and later fell onto the roadway. Prosecutors allege Rios then drove forward, fatally injuring Hocog.

The Superior Court subsequently found probable cause for Rios to answer the six charges.