Two of the men arrested in connection with a fight that turned deadly outside of the King’s Restaurant in Tamuning have been charged in the Superior Court of Guam.
However, no murder charges have been filed against the defendants.
John Mike Muliaga, 22, was charged with aggravated assault as a second-degree felony and three counts of assault as a misdemeanor.
Fiataugaluia Ahkee, 31, was charged with assault as a misdemeanor.
Joseph Kendy Decady, 36, was also arrested on police suspicion of criminal facilitation, and was released from custody. He has not been charged in court.
Ahkee and Decady are Army soldiers. The defendant facing the more serious charges is a civilian.
Family members identified the victim as 23-year-old Jaron "JC" Weilbacher, a John F. Kennedy High school graduate and former Marine.
The Office of the Attorney General has not yet explained why murder charges were not filed against the suspects.
According to court documents filed by the prosecution on Monday, a security guard told police that Weilbacher was with two other men at the restaurant.
He told officers that he was unsure whether it was Weilbacher or another man who he saw put up his hands with his palms facing out while approaching Muliaga, documents state.
Muliaga then allegedly punched that man in the face causing him to fall to the ground.
The security guard also witnessed Muliaga hit Weilbacher and the two men who were with Weilbacher during the fight, adding that Muliaga struck Weilbacher several times after he fell to the ground, documents state.
Muliaga punched one of the men helping another victim on the ground before again punching and slapping the man on the ground, documents state.
Ahkee then allegedly punched Weilbacher who was unconscious on the floor.
Several witnesses told police they heard the men arguing prior to the fight, documents state.
Surveillance footage captured Muliaga allegedly hit Weilbacher at least once in the face while he was unconscious and lying on his back at the front of the restaurant.
The incident happened early Saturday morning.
Weilbacher was rushed to Guam Memorial Hospital where he was pronounced dead.