Guam – A man convicted of vehicular homicide is seeking an acquittal of his conviction and a new trial.
In December 2017, Max Theodore Manabat was convicted of vehicular homicide in the death of James Aguero.
Today in court his attorney Randal Cunliffe argued for an acquittal of the conviction citing that the government’s case did not provide any evidence that Manabat was distracted while driving, driving recklessly or driving negligently when the fatal auto-moped collision occurred. Adding that the jury could not rely on failure to yield or improper left turn because those charges were dismissed with prejudice by the government. Cunliffe further stated that relying upon that would constitute double jeopardy.
The government disagreed stating that there was sufficient evidence, upon which the jury was able to come to a conclusion and that the foundation of their case was negligent driving.
The matter has been taken under advisement by Superior Court Judge Anita Sukola who will issue a decision after hearing arguments for a new trial. The next motion hearing is set for February 26th. Manabat was scheduled to be sentenced on February 28th.