OAG Presents Pugua Case to the Supreme Court

December 01, 2020- Tamuning, Guam- The Office of the Attorney General (OAG) continued its quest for justice for Pugua today in Oral Arguments before the Supreme Court of Guam. Pugua, a two-year old dog, was shot and seriously injured while playing in his neighbor’s garage in Yigo in September 2018. The OAG charged Gerald Cruz II for the felony crime of causing serious physical injury to Pugua when he allegedly shot Pugua with his 0.22 caliber rifle. Cruz was also charged for shooting another neighbor’s cat in May of the same year.

The trial court dismissed these charges based on its interpretation of Guam’s Animal Abuse laws that the government can only charge a person for causing serious physical injury to an animal if the animal survives. If the animal dies, the trial court decided, the government can only charge a person for killing the animal. The OAG did previously charge Cruz for killing these animals but the trial court dismissed those charges as well.

Deputy Attorney General Stephanie Mendiola, appearing for the OAG, argued that the law is clearly written – it is a felony crime to cause serious physical injury to an animal, regardless of whether the animal survives, and it is a separate felony crime to cruelly kill an animal. It is the government’s decision, she argued, to decide what crimes to charge, not the courts.

In today’s hearing, Deputy AG Mendiola asked the Supreme Court to reverse the trial court’s decision and reinstate the charges allowing the government to proceed to trial. A decision from the Supreme Court is expected in the coming months.