Usana faces 11 life sentences for raping child

A jury on Friday found Tysone Benavidez Usana guilty on all counts for molesting and raping a girl known to him for years.

Usana was 29 when in 2019, a 16-year-old girl told police that he had touched her private parts and raped her continuously since she was about 8 years old.

His case went to trial this week. It was a second trial after a hung jury could only agree on a misdemeanor charge when it was first tried in 2023.

This time, the jury took just 30 minutes to deliver its unanimous verdict: guilty on every one of 19 total counts.

The girl testified that she was about 8 when it started, 12 or 13 when it stopped, and 16 years old in 2019 when Usana was arrested and charged with multiple felony counts of criminal sexual conduct.

Court documents state that when she was younger, the abuse happened almost every day. She fought him off as she got older and it happened less frequently, according to the documents.

The victim relocated after that, but returned last year to testify. She continues to reside elsewhere.

On Friday, wearing a white shirt and khaki pants more than five years after his arrest, Usana was emotionless as the results were announced.

Twice he glanced behind him, looking at his family in the public gallery area, and he kept his arms and hands at his sides.

Usana was found guilty of four counts of first-degree criminal sexual conduct for the first charge, six counts of first-degree criminal sexual conduct in the second charge, six counts of second-degree criminal sexual conduct in the third charge, one count of first-degree criminal sexual conduct in the fourth charge, and two counts of second-degree criminal sexual conduct in the fifth charge.

Not including the misdemeanor charge he was found guilty for last year, that's 19 total counts of criminal sexual conduct read to him as he and his defense attorney Joseph Razzano stood to hear the verdicts.

Assistant Attorney General Christine Tenorio successfully prosecuted the case, after supporting the attorney general's directive to reindicting Usana after last year's mistrial. Tenorio and her team comprising investigator William A.K Salisbury, paralegals Zina Lubasan and Pauline Chaco and victim advocate Lorraine Rivera were successful in their prosecution goal, even after the victim's parents testified against their daughter.

Usana waived his right to a speedy sentencing, which would mandate his sentence within 10 days. After Usana waived that right, Superior Court of Guam Judge Alberto E. Tolentino declared Usana's sentencing would be at 10 a.m. Jan. 6, 2025. He ordered the probation office to have Usana's pre-sentence report turned in by Dec. 23.

Razzano recommended to the court that Usana remain free until sentencing, noting that he has been compliant in all aspects since he posted $15,000 bail in June 2019. Tenorio said that her office's policy is to recommend jail until sentencing as he is no longer innocent, but deferred to the judge. Tolentino allowed Usana to maintain his current release conditions until Jan. 6.

Attorney General of Guam Douglas Moylan credited the victim, now 22, for her patience and courage. He said that she has recently graduated from a university, and wants to convey her deep appreciation to the jury, judge, and AG's office for an opportuinty to find closure.

"She is a strong example of CSC crime victims fighting back," said Moylan.