A defendant sentenced in the Days Inn Robbery case filed a habeas corpus petition at the Superior Court of Guam.

Tommy Afaisen was sentenced on April 8, 2015, in connection with the robbery at Days Inn Hotel in Tamuning on Dec. 4, 2014.

During a special proceeding on Friday, Afaisen asked the court for a reduced sentence as well as an appointment of a public counsel.


Assistant Attorney General Basil O'Mallan III, who represented the Department of Corrections in the proceedings, said the government opposes the writ for habeas corpus petition filed by the defendant.

Applying for a writ of habeas corpus is a recourse in which a prisoner contends that his or her imprisonment is a violation of the Constitution, according to the Cornell Law School.

“We don't believe it (the petition) is necessary because the issues that he raised in his habeas petition were already handled by the Supreme Court,” O’ Mallan told The Guam Daily Post.

One of those issues involves a double jeopardy claim made by Afaisen.

During his trial in 2015, the jurors found Afaisen responsible for two counts of attempted murder when he fired on police Officers Anthony Borja and John Derrick San Nicolas during a high-speed chase after the robbery.
He was also found guilty of possession and use of a deadly weapon – a handgun – in the commission of a felony; two counts of aggravated assault; robbery with special allegation; theft of a motor vehicle; and terrorizing with special allegation.


During the proceedings, Superior Court Judge Vernon Perez said he will take Afaisen’s petition under advisement.

According to O'Mallan, a habeas corpus petition was also filed by Duane Diego, the tour bus driver who was involved in a rape case in 2007. Diego was sentenced to 20 years' imprisonment.

According to Post files, Diego offered a Japanese student a ride from McDonald's back to her hotel in Tumon on his empty bus. The victim accepted the ride. Diego drove her to the parking lot of a different hotel, sexually assaulted her, and then returned her to the vicinity of her hotel.

A jury found Diego guilty on a number of charges including first- and second-degree criminal sexual conduct, kidnapping and felonious restraint.