The wife of a man who died in Afono last year after a fight left the court house last week Friday disappointed, and stated that she will be appealing the sentence handed down for Eric Nauili, who’s actions she believes killed her husband.

Naiuli pled guilty to negligent homicide and admitted that he punched the victim, who fell and hit his head, causing his death.

This is the second time Chief Justice Michael Kruse has called Naiuli’s case for sentencing. The week before, he continued the matter, as the Probation Officer was unable to speak with the deceased’s family prior to the sentencing. Defense Counsel, Marcellus Talaimalo Uiagalelei recommended for the court to sentence the defendant to time served, saying this would allow Naiuli to seek employment and assist the deceased’s family fill the void that’s been left since the death. 

He pointed out that the family has unpaid bills and is with limited means, and with Naiuli being out of jail, he can assist the family financially, and somewhat “ease the pain.” He made it clear that the defense is not saying that the money can pay for what’s happened, but rather it will be something to help ease the pain, said Uiagalelei.

He further noted that the punching was not an accident, but the death was an accident.

The wife, during the first sentencing told the court that that it’s very hard for her to find forgiveness in her heart for Naiuli as it was his actions that took her husband away.  She told the court that when the incident happened, he was the only one working and providing for their family.

She said that since the incident, she has not seen the defendant’s face, however now that she’s seen him again in the court room, hatred has arisen in her again, and it’s very hard for her to forgive him for what he did to her late husband.

 “Although I have to forgive, now is not the time and even if I forgive him, how can I forget?” she asked.

“This incident is unforgettable.”

Chief Justice Michael Kruse pointed out that following a cricket game there were celebrations in certain areas in the village, and one celebration was near the defendant’s residence.

In the late afternoon the defendant went home to find his brother drinking with the deceased and told them to end the celebration but the victim was not happy and the defendant then took the decedent home.

However, according to Kruse, something happened, and the deceased punched the defendant, who turned around and punched him back. The victim then fell to the ground and hit his head.

(Samoa News notes at this time the wife of the deceased was saying “that is not true —pepelo.”)

Instead of going to the hospital, her husband went home. He was later admitted to the hospital, where there were complications, and he died.

Kruse explained that negligent homicide is causing someone’s death by careless actions. He pointed out he agrees with defense counsel that death was accidental, not intentional, and under these circumstances the court sees no reason to depart from parity of the sentence handed down in similar cases.

He said the court took into serious consideration the widow’s concerns over financial issues however her concern should be addressed in a civil lawsuit for wrongful death, not in the criminal courts.

Kruse also took into consideration there were two traditional apologies, and while the Chief of the family accepted the apologies, he did point out that there was no need for an ifoga as the decedent had initiated the incident.

At the first sentencing hearing, the defendant apologized for his actions and asked the court to please give him a second chance to reunite with his family. He also apologized to the victim’s family and his family. The government called to the stand the deceased’s wife who in tears said that losing her husband has affected her family tremendously.

Kruse sentenced the defendant to 20 months in jail, however, all but nine months will be stayed and within 60 days of release, the defendant should be gainfully employed.

The defendant is to pay restitution in the amount of $2,907 to the court and in return the court clerk will issue $1775 to the wife, to recover the $575 she paid to the hospital and the $1,200 she paid for the casket.

 The defendant was ordered not to consume alcohol, nor congregate with those who are drinking, nor can he enter any bars or taverns.  He will be subject to random testing for alcohol and drugs. He was also ordered to remain a law-abiding citizen.