Eugene Benavente Gomia

Go to Database Search Page

Go to Database Index Page

Charge:	Criminal Sexual Conduct
Sentence:	5 years
Years Imprisoned:	2
Year Crime:	2009
Year Convicted:	2015
Year Cleared:	2017
U.S. State or Country of Crime:	Guam
County or Region of Crime:
City of Crime:
Result:	Judicially Exonerated Released
Summary of Case:	"Eugene Benavente Gomia was wrongly convicted in 2015 of two counts of second-degree criminal sexual conduct (with a minor) in Guam. Guam is an unincorporated and organized territory of the United States. The alleged acts occurred in 2009 when Gomia was 13, and his alleged victim was also under 14. The authorities waited for six years until Eugene Gomia was 19 and an adult, to indict him in 2015. Gomia pled no contest in Superior Court, but reserved his right to appeal. He was sentenced to serve five years in prison. Gomia appealed, arguing that his sentence was a violation of his fifth amendment right to due process and constituted a retroactive application of law. On November 6, 2017 Eugene Gomia's convictions were reversed and vacated by the Supreme Court of Guam. The Court noted that the only circumstance in which a child under the age of 16 can be tried as an adult in the Superior Court is for a homicide offense, which Gomia did not commit. "Because the trial court did not have proper jurisdiction over the charged offenses against Gomia." The Court's ruling stated: "While Gomia did not directly challenge the subject-matter jurisdiction of the trial court, jurisdiction is a threshold matter that must be addressed. Without proper jurisdiction, all other arguments regarding the trial court’s sentencing are futile. “Subject-matter jurisdiction cannot be forfeited or waived and should be considered when fairly in doubt.” Ashcroft v. Iqbal, 556 U.S. 662, 671 (2009)." (People of Guam v. Eutene Gomia, 2017 Guam 13)"
Conviction Caused By:	The trial court lacked jurisdiction.
Innocence Proved By:	"On November 6, 2017 Eugene Gomia's convictions were reversed and vacated by the Supreme Court of Guam, "Because the trial court did not have proper jurisdiction over the charged offenses against Gomia.""
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	19
Age When Released:	21
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"People of Guam v. Eugene Benavente Gomia, 2017 Guam 13, CRA16-004 (Guam Supreme Court, Nov. 6, 2017) (Setting aside conviction based on lack of jurisdiction to prosecute him as an adult.)"
Information Location 1:	http://www.guamsupremecourt.com/Supreme-Court-Opinions/images/2017Guam13.pdf
Information Source 2:	"Convicted sex offender, minor at the time of crime, is set free, By Jolene Toves, Pacific News Center (Guam), November 6, 2017"
Information Location 2:	http://pacificnewscenter.com/convicted-sex-offender-who-was-a-minor-at-the-time-of-the-crime-is-set-free/
Information Source 3:
Information Location 3:
Information Source 4:
Information Location 4:
Information Source 5:
Information Location 5:
Book About Case:
Book Information:
Book About Case (2):
Book Information (2):
Movie About Case:
Comments About Case:

Go to Database Search Page

Go to Database Index Page

Eugene Benavente Gomia

Charge:

Criminal Sexual Conduct

Sentence:

5 years

Years Imprisoned:

2

Year Crime:

2009

Year Convicted:

2015

Year Cleared:

2017

U.S. State or Country of Crime:

Guam

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

The trial court lacked jurisdiction.

Innocence Proved By:

"On November 6, 2017 Eugene Gomia's convictions were reversed and vacated by the Supreme Court of Guam, "Because the trial court did not have proper jurisdiction over the charged offenses against Gomia.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

19

Age When Released:

21

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"People of Guam v. Eugene Benavente Gomia, 2017 Guam 13, CRA16-004 (Guam Supreme Court, Nov. 6, 2017) (Setting aside conviction based on lack of jurisdiction to prosecute him as an adult.)"

Information Location 1:

http://www.guamsupremecourt.com/Supreme-Court-Opinions/images/2017Guam13.pdf

Information Source 2:

"Convicted sex offender, minor at the time of crime, is set free, By Jolene Toves, Pacific News Center (Guam), November 6, 2017"

Information Location 2:

http://pacificnewscenter.com/convicted-sex-offender-who-was-a-minor-at-the-time-of-the-crime-is-set-free/

Information Source 3:

Information Location 3:

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: