Historic Plea Deal in Belize High Court: Gerson Guerra Avoids Prison with Guilty Plea

A first-of-its-kind plea deal hearing was heard in the Belize High Court today before Justice Candace Nanton. In 2020, San Ignacio resident Gerson Guerra was charged with attempted murder for cutting the throat of his ex-common-law wife, Zuemy Tzalam, and was to stand trial in June this year. However, on June 3, the Criminal Procedure Plea Discissions and Plea Agreement Act came into effect and Guerra’s attorneys began working on a plea bargain. Today, he pleaded guilty to the lesser charge of use of deadly means of harm and the court accepted. Guerra was ordered to pay a fine of one thousand five hundred dollars, which he must pay within a year or he will spend six months in prison. His attorney, Erin Alexis Quiros, explained that under the agreement, Guerra was given a fine instead of a prison sentence.

Erin Alexis Quiros, Attorney: “And that act really provides an opportunity for the prosecution and an accused person to enter into discussions in order to maybe suggest alternate sentences, alternate charges, reduce charges. So parties are able to enter into discussions prior to trial to assist accused. Right, so he was accused with attempted murder and deadly use of harm, deadly means of harm. And with the passing of the act he was able to plead to the lesser charge. And fortunately, we were also able to agree, the prosecution and I were able to agree to a non-custodial sentence given the circumstances, given his circumstances. You know, a lot of factors were taken into consideration. The fact that, you know, he has gainful employment, he has a daughter that he’s currently maintaining, that was a major factor for the court. And so, you know, the passing of the act really has assisted him and we’re hoping it will continue to assist other accused persons.”

Additionally, Guerra was ordered to pay two thousand dollars in compensation to Tzalam. He was given two years to pay the compensation or his assets will be seized and sold to cover the amount in a procedure called “distress.” Quiros noted that the new legislation will help to clear the backlog of cases in the judiciary. 

Erin Alexis Quiros, Attorney: “The court indicated during the hearing while giving its judgment that the act has provided circumstances where there will be an alleviation of the backlog of cases that are currently before the court, thankfully. And really it’s not in every circumstance that a charge that has a custodial sentence should, the accused should be incarcerated. So this passing of the act has allowed that to happen in this particular instance and it could possibly open the door for other accused persons. Yes so he’s bene ordered to pay a fine and has been ordered to go to anger management courses and of curse in default of that he would suffer incarceration. Yes it is. This is not an unusual order of the court. There have been circumstances prior to this where a court has ordered a fine not only to the government but also to the victims. So this is not something unusual it’s just opened the door in relation to pleading to lesser offenses and coming to that agreement instead of going to a lengthy trial the parties are able to do that and save time and save court resources.”

On February 24, 2020, Guerra was in Caye Caulker and went to Tzalam’s workplace where he saw her speaking with her new boyfriend. He went to Tzalam’s home later that night and got into an altercation with her. Guerra took a knife and cut Tzalam’s throat during the altercation in the presence of the nine-year-old daughter that they share. In court, Prosecutor Robert Lord said that the prosecution agreed to a non-custodial sentence because it was in the best interest of Guerra’s child since he is providing for her and is an active part of her life.