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Court Report

MOTHER OF FOUR ORDERED NOT TO GO CLUBING ANYMORE

 

A woman who has been labeled by the government as a threat to society was released by the High Court last week, with a stern warning that if she violates probation terms she will be taken back to jail. Etevise Tomasi was charged with first-degree assault, but in a plea agreement with the government, she pled guilty to second-degree assault after throwing a glass at another woman in a nightclub — the glass landed on the victim’s face.

 

Tomasi was arrested and charged in this matter last year July. When the case first came before the court for sentencing, the prosecutor at the time, Assistant Attorney General Julie Pasquale told the court the defendant should be jailed for the maximum allowable under the law because of her violent history.

 

The prosecutor said Tomasi threw a glass twice at the victim, and the victim’s face is permanently scarred. Pasquale said there were 17 stitches as a result of this violent attack and the victim would be heading to Hawai’i seeking plastic surgery due to the severity of the scars.

 

She further pointed out that the defendant, and her co-defendant Shary Mua ganged up on the victim without a reason. Mua has since been sentenced to probation, although she was charged with first-degree assault. In a plea deal with the government, Mua pled guilty to third-degree assault, which was amended from the felony assault charge.

 

Pasquale further cited Tomasi’s past encounters with the court, which occurred in 2009, 2010 and 2011. In two of the cases Tomasi threw objects at victims, and in all three cases she was charged with Public Peace Disturbance, among other charges.

 

The Ass’t AG said the government believes wholeheartedly that Tomasi is a violent woman and a threat to society.

 

During sentencing last week the defendant apologized for her actions and said that her incarceration has taught her a lesson. In tears she asked the court for a chance to return home to care for her children. Tomasi’s father pleaded with the court to release his daughter from jail, saying she’s needed at home because she has children.

 

Kruse sentenced the defendant to five years in jail, however the execution of sentencing was suspended and Tomasi placed on probation on the condition that she serves 261 days.

 

(Samoa News should point out Tomasi has already served 261 days, and she was released from jail.)

 

Kruse ordered Tomasi within the next 180 days to be gainfully employed and was ordered not to work as a waitress at a restaurant or a bar, or where alcoholic beverages are sold.

 

She was also ordered to live with her parents and her children and she is not to go to any more bars or taverns. The Chief Justice further ordered Tomasi to “respect and obey” her father while she lives with them. She was also ordered to undergo alcohol counseling and anger management courses and she was further ordered to support her children by giving them shelter and providing for them financially.

 

APISAI TINO ENTERS GUITLY PLEA

 

A 35-year-old man accused of punching a bus driver in his face entered a guilty plea earlier this week. Apisai Tino was charged with second-degree assault and public peace disturbance.

 

However in a plea agreement with the government, Tino pleaded guilty to third-degree assault, which was amended from the felony assault and in return for Tino’s guilty plea the government moved to dismiss the remaining PPD charge.

 

Upon his guilty plea Tino admitted to the court that on January 6, 2-14 in Ili’ili he punched a bus driver, when the driver gave him the wrong change for his fare. Tino will be sentenced on May 23, 2014; he’s out on bail awaiting his sentencing.