Day 3 of the machete attack trial and the government has rested their case against the two young brothers who attacked motorists and passersby in Mangilao. With their case rested, the defense moved for a judgment of acquittal for their clients Emmanuel Reselap and Jordan Rachulap.
The case against the brothers carries multiple charges of aggravated assault attempted murder, terrorizing and criminal mischief but not all the counts levied against the defendants will go to the jury to be decided upon.
Following the government resting their case as their last witness was not available, the defense was afforded the opportunity to motion and argue for a judgement of acquittal to get rid of the charges that the evidence does not support a conviction for.
Superior Court Judge Vernon Perez ruled on the motion Wednesday afternoon that Reselap will move forward in trial because the motions to acquit is not sufficient to disallow the following charges.
“They are the first charge attempted murder. The court will state this first … the standard is not whether sufficient evidence has already come forward before the court… but rather this decision to allow these charges to got to the jury is made,” Perez said.
The court indicated that it is under the impression that there is sufficient evidence to allow jurors to decide upon the attempted murder charge with the special allegation.
The charge of criminal mischief against Reselap will be the same. Counts four of terrorizing and criminal mischief, the government agreed to dismiss those charges. Meanwhile, the court will move forward with the charge of family violence.
As for the charges against Jordan Rachulap the government has conceded to the terrorizing charges related to some of the victims.
With the government’s case rested, Reselap and Rachulap were both asked if they would be testifying in their defense both declined the right.
Trial will continue tomorrow as defense attorney Sam Teker has reserved his right to rest his case, saying he needed time to review the testimonies of each witness before deciding whether or not to call an additional witness to the stand. Closing arguments will follow.
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