Lawyer: Man accused of attacking boy has history of mental illness | News






DeSoto




The lawyer for a man seen on video attacking a 12-year-old boy on a bicycle says most of his client’s legal troubles over the past 20 years have been the result of mental illness.

On Monday morning, a boy riding a bicycle outside the NCS Mart in Dededo said he was attacked by Oliver Jasen Catapang De Soto, 41, according to charging documents.

The attack, which was caught on CCTV, showed De Soto charging towards the boy, then kicking him off his bike before stomping the rear wheel as the boy was under the bike. De Soto pushed the boy as he tried to get up and kicked and punched the boy while he was on the ground, according to court documents.

Footage of the incident circulated on social media, leading to De Soto’s arrest, according to Guam Police Department spokeswoman Officer Berlyn Savella.

De Soto stopped the attack after being chased by an NCS client who then reported De Soto to the police, documents show.

After being pointed out, De Soto blurted out, “It was those immigrant kids!” After learning that he was under arrest, he said, “You can’t arrest me, I’m not an immigrant!” document status.

De Soto was charged with aggravated assault as a third-degree felony and assault and child abuse as misdemeanors.

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For the past 20 years, De Soto has been in and out of the Department of Corrections, according to prison records.

Also during this period, De Soto racked up several convictions, including criminal mischief, domestic violence, reckless driving, and assault on a peace officer.

Because of this history of violence, the prosecutor at De Soto’s first hearing asked that he remain confined to the DOC and that bail be set at $5,000.

However, De Soto’s lawyer, Richard Dirkx, argued that some of his convictions were in fact judgments of not guilty on account of mental illness. De Soto had been ordered to receive treatment for a specified period. Dirkx also said some of De Soto’s other cases were thrown out because he was deemed incompetent to stand trial after mental health evaluations.

Dirkx said if De Soto were to be confined to the DOC, he should be placed in the DOC’s Guam Behavior Health and Wellness Annex to receive treatment for his mental health issues.

Magistrate Judge Jonathan R. Quan agreed and confined De Soto and set his bond at $5,000.

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