New evidence prompts OAG to file motion to dismiss in truck crash case

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Firefighters work to stabilize the overturned Detry Plumbing truck in order to remove the victim trapped inside. (GFD file photo)

The Office of the Attorney General (OAG) filed a Motion to Dismiss Without Prejudice in People v. Alan Calanda, CF584-20 yesterday. Judge Arthur R. Barcinas will review it and decide whether to grant the motion.

Prior to filing the Motion, the case was scheduled for a pretrial conference at 2:00 pm today; the court may address the motion during the conference.

Initial evidence submitted to the OAG as part of the Guam Police Department’s investigation indicated that the death of Glen Cruz Jr. was a result of negligent vehicle
operation.

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Supplemental investigation conducted by OAG investigators in conjunction with a review
by prosecutors on the case later revealed that Mr. Calanda and Mr. Cruz, the passenger in
the vehicle, were coworkers on duty at the time of the crash. The vehicle was a poorly
maintained company vehicle, one without working seatbelts or doors.

Because these and other factors beyond Mr. Calanda’s control contributed to the accident, prosecutors believed there was insufficient evidence to prove beyond a reasonable
doubt that Mr. Calanda was responsible for the death of Mr. Cruz.

Without enough evidence and in line with prosecutors’ ethical duties under the Guam Rules of Professional Conduct, the OAG requested dismissal.

The family of the late Mr. Cruz has been informed and consulted throughout the entire
process. They do not believe Mr. Calanda should be held criminally liable for Mr. Cruz’
death and their input was taken into consideration when deciding to request dismissal of
this case.

(AG Release)

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