The People of the Territory of Guam v. Irvin Ibanez

Defendant Irvin Ibanez was convicted of committing a brutal murder. He stabbed the victim, Scott Pierce, 40 times and then decapitated him. For this heinous offense, defendant was sentenced to life imprisonment without the possibility of parole, probation, or work release. We are constrained by an en banc decision of this circuit to reverse the conviction.

I

On March 8,1986, defendant Ibanez (“defendant”), his brother Christopher Ibanez (“Christopher”), Peter Cruz (“Cruz”), and Scott Pierce (“Pierce”) got together for the evening. They began drinking alcohol. Later that evening, the men engaged in horseplay, which consisted of playful punching and name calling. This horseplay turned serious when Pierce punched Christopher with too much force, and Christopher responded in kind. Defendant intervened, and a verbal exchange between him and Pierce ensued. The four men then entered defendant’s jeep and set out to the place where Christopher and Pierce had parked their cars.

Upon arrival, defendant and his brother Christopher told Pierce to leave the group. When Pierce refused, Christopher began pushing him towards his car. Christopher then struck Pierce, who still refused to leave.…