Pago Pago, AMERICAN SAMOA — A 43-year-old man who is on probation for a drug conviction was arrested last month on the allegation that he unlawfully entered a house and assaulted his ex-wife in front of her boyfriend. However, when police apprehended the defendant, drugs were allegedly discovered.

[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 without permission) 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 (meth); 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 month. His bail is set at $25,000.

Preliminary examination is scheduled for this week Friday at 10 a.m.

THE DOMESTIC VIOLENCE CASE

According to the government's case, a 48-year-old male called the Tafuna Police Substation (TPS) last month to report that a man unlawfully entered his home early in the morning and assaulted him along with a woman who is now his girlfriend. His girlfriend was later identified as the defendant’s ex-wife, who also is a victim in this case (victim #1).

The male who called the TPS further stated to police that the man who assaulted him and his girlfriend also threatened that he would kill him and his girlfriend by shooting them in the head and burning down his home if he found them together in the house.

Several police officers responded to the call and met up with the caller at his home in Tafeta. Officers observed a metal pipe about 10 feet long lying in the middle of the living room.

When asked by police, the male who had called for assistance (victim #2) stated that he was in the house with his girlfriend when a man unlawfully entered his house through the back door and made his way to the living room where his girlfriend was watching T.V, around 5:12 a.m. He said he did not invite the man to his house nor did he give him permission to come inside.

When the man entered, he did not say anything, he just walked inside the house and struck the woman’s back with the metal pipe that he was holding in his right hand. The male victim further stated that the man who assaulted her is her ex-husband. He said he did not know that his girlfriend was married before until the 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.

Investigators also interviewed victim #1 regarding the alleged incident and she echoed victim #2’s statement of what happened.

Police proceeded to the defendant’s house in an effort to speak to him regarding this matter. However, he wasn’t home, and continued search for him was to no avail.

Two days after the alleged incident, the TPS received a phone call from a woman around 6:32 stating that she was assaulted by her ex-husband at her aunt’s house and she needed police assistance.

Officers who 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 children, who were inside the house with her ex-husband, the defendant in this matter.

Officers observed blood coming from the woman’s nose and mouth. The ex-husband was immediately placed under arrest and the five young children were also removed from the house by officers and transported to the victim’s aunty who lives a few blocks away.

The woman told police that her ex-husband assaulted her and her boyfriend at her boyfriend’s house two days prior to this incident where her ex-husband came to her aunt’s home and assaulted her by pulling her hair and threatening to kill her in front of her five young children.

The defendant was taken to the TPS, along with his ex-wife.

The male victim from the previous incident two days ago (ex-wife’s boyfriend) was also transported to the TPS for further investigation and additional information about the previous matter.

The woman admitted to police that she’s been in a sexual relationship with the male victim for about one month now. It’s been two years now since she separated from her ex-husband due to her ex-husband’s drug problem. However, her ex-husband continued to visit her and their children ever since they separated. He brought food and money for her and her children.

She told police that she went to the male victim’s home to pick up her clothes and when her ex-husband called the male victim to inquire into her whereabouts, she told him to tell her 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 home. But she ended up sleeping there. She also told police that she was scared for her life and she decided to spend the night with the male victim.

According to police, the woman said she was "shocked' when she saw her ex-husband enter her boyfriend’s home through the back door with a long 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 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 said he came to visit his children and was told that his ex-wife is staying with her new lover for a week now and his children were left alone at his ex-wife’s aunt’s house. He also stated that his wife told him that the male victim is her cousin.

The defendant said he was accompanied by another man in the search for his ex-wife. A woman who works together with his wife at a store in Tafuna helped them locate the male victim's house.

When they got there, according to the defendant, he saw his wife sitting in a chair in the living room watching T.V. He did not see the male victim. He allegedly admitted to police what he did when he entered the home. After he assaulted his ex-wife, he told her to come with him to their home. The defendant also allegedly told police that he slapped his ex-wife twice and dragged her outside of the house. They went home afterwards.

The young man accompanying the defendant to locate his ex-wife confirmed what the defendant had told police, including that she was begging the defendant for mercy and that's when the defendant struck the victim with a metal pipe.

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

According to the victim’s statement, it’s been a month now since he started this relationship with the woman. After the alleged incident, the victim said that it was 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 hard object inside the defendant’s left pocket. The hard object was discovered to be a glass pipe containing methamphetamine.

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 2017. As a condition of his 5 years probation, the defendant was sentenced to 20 months at the TCF.