Bail increased for ex-convict in home invasion case

An ex-convict who is facing charges for an attempted robbery and for brutally assaulting a woman asked the Superior Court to lower his $50,000 cash bail but Associate Judge Joseph N. Camacho instead increased it to $100,000 cash.

In denying Fermin Manuel Castro’s motion to modify the bail, Camacho cited the seriousness of the allegations—that, armed with a weapon, the suspect entered a house and caused several injuries to a woman in an attempt to rob her.

Camacho also underscored the importance of deterrence for others, considering that human remains were recently found near Obyan Beach, as well as recent cases of home invasions, missing persons, and unsolved murder cases.

Assistant public defender Cindy Nesbit, counsel for the 27-year-old Castro, had proposed a third-party custodian and posting 10 percent of the $50,000 bail or for $5,000 cash.

Nesbit said the third-party custodian is Castro’s father, who indicated at a hearing on April 24 that his son listens to him and will appear in court and follow court rules.

Nesbit said Castro has very strong ties to the community and has two children.

Nesbit said Castro cannot be considered a flight risk due to his very limited financial resources.

Assistant attorney general Chester Hinds, counsel for the government, opposed, saying that Castro presents a substantial and continuing danger to the community.

In the government’s opposition, Hinds said that Castro’s release to a third-party custodian would negate any deterrent effect for others, considering his egregious actions.

For the protection of the victim and others in the community and in the interest of justice, the court should deny Castro’s application for bail modification and require him to post a cash bond for any release, Hinds said.

“Robberies and burglaries are on the rise in the Commonwealth and should be deterred,” he said.

Hinds said Castro’s character and mental condition should be in question at this time.

Castro pleaded guilty in November 2013 for choking his then-pregnant girlfriend and he was subsequently sentenced to 30 days in prison.

Now, Hinds said, Castro is charged with another crime of violence in which he attempted to get money from a woman at knifepoint.

“The defendant’s troubling behavior reveals the defendant’s character as callous and that he has no respect for the law,” Hinds said.

The prosecutor said these types of home invasions are becoming more frequent in the community.

The facts in this case, Hinds said, stand out because of the injuries sustained by the victim when Castro punched her in the face while attempting to get money.

“Not only is the victim’s safety and wellbeing at risk if this defendant is released, but other people in the community will also be placed at risk,” Hinds said.

The victim sustained several injuries when Castro allegedly broke into her apartment unit in southern Garapan, threatened to rape her and punched and slashed her body with a knife during an attempted robbery last April 14.

At a preliminary hearing last month, Associate Judge David A. Wiseman found probable cause to charge Castro with attempted robbery, assault with a dangerous weapon, assault and battery, and disturbing the peace.

Castro was arrested after the victim identified him as a former neighbor.

The victim sustained a black eye, a swollen left eye, swellings in different parts of her head, scrape marks and cuts on her right shoulder and elbow.

Citing Castro’s criminal history, Wiseman said the court considers Castro “a danger to the community and a menace to society.”