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Additional charges filed against man accused of assaulting his wife

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The government filed an additional charge last week during a Status Hearing against a man accused of assaulting his partner in a domestic violence incident.

The defendant, 35, was on probation when he was arrested by police last month on the new allegation. This is the third time the defendant has been charge with assaulting his wife.

On the following day — Thursday, the defendant appeared in High Court for an Order to Show Cause (OSC).

The defendant is charged with unlawful possession of methamphetamine (meth), a felony, along with one count of 3rd degree assault; resisting arrest and private peace disturbance (PPD), all misdemeanors.

After reviewing the defendant’s court record, the court set bail at a $5,000, surety bond.

If he posts bond, the defendant is ordered not to have any direct or indirect contact with the victim and he must find another place to reside while his case is pending.

He is scheduled to appear in court next month for a disposition hearing and pretrial conference.

BACKGROUND

In March of this year, the defendant was convicted of one count of PPD involving domestic violence, a class C misdemeanor; one count of criminal contempt, a class A misdemeanor; and one count of public peace disturbance, a class B misdemeanor.

He was sentenced to 15 days imprisonment and a $300 fine for a PPD involving domestic violence. He was also sentenced to 6 months in jail and a $500 fine for public peace disturbance. For criminal contempt, he was sentenced to one year behind bars and a $1,000 fine.

The sentences were to run consecutively; however, execution of the sentence was suspended and the defendant was placed on probation for 24 months subject to several conditions. He was to serve 90 days at the TCF, of which he was credited with the 68 days he had served in pretrial confinement, and he was ordered to pay a $1,000 fine.

The court was also told that the defendant had appeared in District Court last year on 3 separate domestic cases involving the same victim; and his first domestic violence conviction was a few years back, which also involved the same victim.

Last month, Aug. 17th, a woman contacted the Tafuna Police Substation (TPS) for assistance after she heard a woman screaming for help from a neighbor’s house, while her husband was allegedly beating her up by pulling her hair and slapping her in the facial area several times while the woman was carrying an infant.

Several police officers responded to the call and met up with the reporter, who stated to police that she heard her neighbor screaming and saying, “Please honey, stop hitting me,” and then she heard the victim say, “Somebody, please call the cops. I can’t handle this anymore.” At that point, she immediately called the TPS for assistance.

The woman further stated to police that this is not the first time she has heard the victim and her husband argue or get into a confrontation. The reporter further stated to police that she recalled one incident two weeks prior to this incident when the victim came into their house for help while her husband was following her holding a metal pipe in his right hand.

Officers met up with the victim at her residence at which point she told investigators that she and her husband had had a verbal argument. Investigators then requested to speak with her husband.

The victim went into the house and was heard arguing with her husband again. Investigators then informed the husband that he was going to be taken into TPS but the defendant told them that he wasn’t going to go to the TPS.

As the husband tried to exit the back door officers apprehended him and transported him to the TPS.

During the apprehension, officers found a glass pipe containing meth in his pocket.