The statute of limitations has long expired for the attorney general of Guam to prosecute Guam National Guard Sgt. 1st Class Jason Susuico in connection with his 2007 arrest.
According to records from the Department of Corrections, Susuico was arrested on suspicion of fourth-degree criminal sexual conduct. The victim in the case was a female known to him.
Prison records state the attorney general allowed Susuico's release from custody after being held for about 13 hours. He was issued a notice to appear at a later date.
According to Guam law, if a person is charged with fourth-degree criminal sexual conduct as a misdemeanor, then the statue of limitations is one year. If a defendant is being accused of the same charge as a felony, then the statue of limitations is three years.
Twelve years have passed since Susuico was arrested and confined on Dec. 6, 2007.
The Office of the Attorney General declined to comment on Susuico's prior arrest.
“I can neither confirm nor deny the existence of any such case or record,” said OAG spokeswoman Carlina Charfauros.
New case: 10 felony counts of sexual abuse
The 46-year-old Guam National Guard soldier now faces a new case. He is charged with five counts of first-degree criminal sexual conduct as a first-degree felony and five counts of third-degree criminal sexual conduct as a second-degree felony.
He is accused of having sex with a 17-year-old girl known to him at least twice in September at a Chalan Pago residence.
The government asked Superior Court Judge Elyze Iriarte on Wednesday that Susuico be held on $50,000 cash bail, but Iriarte instead released him on a $20,000 personal recognizance bond after his defense attorney made his arguments in court.
“Mr. Susuico is a 22-year veteran of the U.S. Army, 16 years of which were spent in the infantry in defending the nation. He's a resident of Guam. He holds security clearances. He has numerous commendations. He has no criminal records. He is presumed innocent, Your Honor,” defense attorney Joshua Walsh said during Susuico’s magistrate's hearing on Wednesday. “He is presumed innocent and has no record.”
The defense argued that Susuico is not a danger to the community and he agreed to stay away from the victim.
It was also said during the magistrate’s hearing that the victim is in custody of Child Protective Services.
Susuico’s next court hearing is set for Oct. 22.
Susuico, who works for the Guam Army National Guard Recruitment and Retention Battalion, surrendered to police on Tuesday after authorities issued a wanted poster for his arrest. He’s been a soldier with the Guam Guard since 1997.
The military is leaving the matter in the hands of local law enforcement and the judicial system.