The man who shot and killed Joey Zamora last June will not be charged with murder. The Superior Court of Guam is making a decision regarding how that charge is to be dismissed.
The matter came before Superior Court Judge Maria Cenzon and involved a motion to dismiss without prejudice the charge of murder based on the Castle Doctrine Law.
The Attorney General’s Office made the request to dismiss the murder charge against Anthony Gregory Mendiola and while the court agreed, Judge Cenzon did not decide whether the dismissal would be with or without prejudice until today.
The court came to the conclusion that the evidence in the case warrants a dismissal without prejudice. While the court recognizes the Castle Doctrine defense, Judge Cenzon stated, that the people offered that Zamora was actually staying at the residence some weeks and perhaps even days prior to the shooting resulting in his death, adding that Zamora slept in the driveway and had clothes in the home.
Based on this assertion, the court says this raises significant questions as to whether the circumstances and Mendiola’s actions were justified and such immunity granted at this pre-trial stage and without competent evidence being presented to the court.
The decision dismisses without prejudice the murder charge along with the special allegation of possession and use of a deadly weapon in the commission of a felony.
The decision does not have an impact on the remaining charges of possession of a firearm without a firearms identification and possession of an unregistered firearm.