Pago Pago, AMERICAN SAMOA — A 39-year-old man who is on probation for a drug conviction was arrested by police last month on the allegation that he unlawfully entered a house and assaulted his ex-wife who was with her boyfriend.

However, when police apprehended the defendant, drugs were allegedly discovered on him.

[Samoa News has chosen not to identify the defendant in this case to protect the identity of the assault victim.]

The government charged the defendant in two separate cases.

In the first case, the defendant was charged with one count of 2nd degree assault; one count of 2nd degree burglary (for unlawfully entering someone’s home) and one count of felonious restraint, all class D felonies, punishable by a term of imprisonment of up to 5 years, a fine of up to $5,000 or both, along with one count of pubic peace disturbance, a misdemeanor.

In the second case, the defendant is charged with one count of unlawful possession of methamphetamine; one count of unlawful possession of marijuana, both felonies, punishable by imprisonment of up to 10 years, a fine of up to $20,000 or both.

The defendant made his initial appearance in court last week. His bail is set at $15,000.

THE DOMESTIC VIOLENCE CASE

According to the government's case, a 39-year-old male called the Tafuna Police Substation (TPS) last month, to report that a man unlawfully entered his home late in the night and assaulted his girlfriend. His girlfriend was later identified as the defendant’s ex-wife, who also is a victim in this case.

The male who called the TPS further stated to police that the man also threatened to kill him, his 10-year-old son, along with his girlfriend — by shooting them in the head.

Several police officers responded to the call and met up with the caller at his home in Mesepa. Officers observed a piece of metal pipe about 10 feet long lying in front of the door outside of the house.

When asked by police, the male who had called for assistance (victim) stated that he was inside the house with his son and his girlfriend when a man unlawfully entered his house through the back door and made his way to the living room where his girlfriend and son were playing — around 11p.m.

He said he was shocked to see the man inside his house because he did not invite the man to his house nor did he give him permission to come inside his house.

The man entered the house, and apparently while not saying a thing, just walked up to the woman and struck her in her back with a piece of metal pipe that he was holding in his right hand.

The male victim told police that the man who assaulted his girlfriend is her ex-husband, which he said he had not known that his girlfriend was married before until this alleged incident.

The man also punched and kicked the woman in her facial area and her back while she was lying on the floor screaming for help.

The male victim said he jumped in to help her and his son, but the man stood up and instructed him to stay away or otherwise he (defendant) would kill him, his son and his girlfriend by shooting them.

In the middle of the investigation into the alleged assault, the TPS received a phone call from a woman around 11:32 p.m on the same night of Aug. 24, 2020, stating that she was assaulted by her ex-husband and she needed police assistance.

The DPS officers who had interviewed the male victim proceeded to answer the call and met up with a woman in front of a house not far from the male victim’s home. The woman immediately identified herself to police as the victim in the case, and she begged officers for help and for someone to remove her belongings including her clothes from inside the house.

Officers observed blood coming from the woman’s nose and mouth. The ex-husband was immediately placed under arrest and transported to the TPS for questioning.

When police asked about the weapon that was used in the alleged assault, the defendant said the 10-foot long metal pipe was still at the house of the man where he assaulted his ex-wife.

The defendant was taken to the TPS, along with his ex-wife, and the male victim was also transported to the TPS for further investigation.

The woman told police that it’s been 15 months since she divorced her husband but he continued to follow her around and interfere with her life.

She told police that she went to her boyfriend’s house (male victim’s home) to pick up something when her ex-husband called the male victim to inquire of her whereabouts, she told him to tell her ex-husband that she wasn't there.

According to the woman, she stayed at the male victim’s house, waiting "for a better time" to return to her aunty’s home where she’s residing (a place not far away from the boyfriend’s house) when she heard someone calling out her name from outside. She recognized the voice as her ex-husband’s voice and told her boyfriend not to open the door.

According to police, the woman said she was "shocked' when she saw her ex-husband enter the male victim’s home through the back door with a long piece of metal pipe in his right hand, and described her ex-husband’s assault on her, including that while she was on the floor, she felt her ex-husband's hands around her neck, "about to strangle her."

She said she tried to sit up but her ex-husband punched her in the face multiple times and kicked her in the back. Her ex-husband also slammed her head to the cement floor causing a head injury, which needed immediate medical treatment.

When questioned by police, the defendant confirmed that it’s been over a year since he and his ex-wife were divorced, however, he had changed his mind and wanted to be with her, but she did not.

The defendant also told police that his ex-wife is staying with her aunty in the same area and she (ex-wife) never mentioned to him that she’s got a boyfriend.

On the night of the alleged incident, the defendant called his ex-wife’s phone but a male individual answered the phone. He then decided to go to the house of the male individual where his ex-wife was.

When he got there, according to the defendant, he saw his ex-wife sitting in a chair in the living room playing with a young boy. He did not see the male victim. He allegedly admitted to police what he did when he entered the home. After he assaulted his wife, he told her that he would kill her, her boyfriend and her boyfriend’s son.

The defendant told police that he was only threatening his ex-wife and her boyfriend but he didn’t mean it. The defendant also allegedly told police that he slapped his ex-wife twice and dragged her outside of the house.

Police interviewed the male victim regarding the incident. According to the male victim’s statement, the woman (his girlfriend) called him and asked if she could come over and spend the night with him.

According to the victim’s statement, it’s been two months now since he started this relationship with the woman. After the alleged incident, the victim said that this is a warning for him to stop their relationship.

THE DRUG CASE

Before the defendant was taken to the TPS for questioning, police officers conducted a body search, whereupon police discovered a glass pipe containing methamphetamine on him.

Officers also discovered a small baggie inside the defendant’s right pocket containing green leafy substance.

 When asked about the illegal drugs, the defendant stated that he went to his friend’s house in Vaitogi and bought meth and marijuana to help him deal with the situation regarding his wife, who has been cheating on him.

The defendant told police that before he went to the victim’s home, he took 3 hits from his glass pipe to make him strong and untouchable by the victim. He said that his plan was to kill both his wife and her lover, however, when he entered the victim’s house, a different feeling came into his mind saying that he should not kill his wife or her lover.

According to court records, the defendant is on 5 years probation after being convicted of unlawful possession of marijuana in 2014. As a condition of his 5 years probation, the defendant was sentenced to 20 months at the TCF.