A case against a man accused of aggravated assault was dismissed without prejudice in the Superior Court of Guam on Monday, according to the Magistrate Summary Report from the Office of the Attorney General.
The affidavit of probable cause identified Darwin Jay Imbuido Fortes as the suspect in an incident reported to the Guam Police Department at 2:31 a.m. Aug. 2 in Dededo. Though the complaint identifies Fortes, he was repeatedly misidentified throughout the charging document by the last name "Flores."
The case stems from a physical altercation in which Fortes was allegedly arguing with the reporting person's sister outside a Dededo home at around 2 a.m.
The complaint states that the reporting person and his girlfriend heard yelling outside their residence and, when they went to check, discovered Fortes arguing with a woman known to them.
The reporting persons attempted to intervene but alleged that Fortes punched the reporting person "in the face with brass knuckles, got into his car and fled the scene," according to the complaint.
Police later encountered Fortes — misidentified in the complaint as "Flores" — and noted "blood on the driver's side door" of his vehicle, leading to his arrest.
After being advised of his rights, Fortes "agreed to answer questions" and allegedly admitted to punching the reporting person in the face. Police also reported that "brass knuckles" were found inside the vehicle.
The OAG charged Fortes with aggravated assault as a third-degree felony. However, Magistrate Judge Jonathan Quan did not advance the case, dismissing the charge without prejudice — meaning the case is temporarily closed but the OAG reserves the right to refile in the future.