CHINESE MAN SENTENCED TO 20 MONTHS FOR ASSAULT IN 2011
Associate Justice Lyle L Richmond sentenced Quin Sun to 20 months in jail for second degree assault. Sun, a Chinese man was convicted of assaulting another Asian man with a machete in 2011. Sun was working at a vegetable farm with the victim in Futiga when the incident occurred.
Sun pled guilty to second degree assault, and Public Defender Ruth Risch Fuatagavi who represents the defendant, said Sun has been in jail for over a year and it has been difficult for him, given that the defendant does not understand English and is not able to communicate with the Corrections officers any medical needs he has. She also stated that he had problems with his cellmates.
Fuatagavi informed the court that the local Chinese community is fundraising to get the Chinese man back home to China and asked that the court place her client on probation and order his departure back to China.
Regarding restitution, the Public Defender noted the defendant is illegal in the territory and therefore he cannot attain employment to pay restitution.
She asked the court to make restitution payable to the LBJ hospital so that it can be a public debt and therefore, the government can go after Sun's sponsor for payment.
Prosecutor Julie Pasquale recommended that the defendant serve more time in jail given the injuries sustained by the victim as a result of the attack.
Richmond sentenced the defendant to five years in jail, however execution of sentencing was suspended and the defendant placed on five years’ probation under certain conditions. He was ordered to undergo 20 months in jail, and will be credited for the 14 months he already served. However, Richmond noted, his incarceration can be revised if arrangements are made to send Sun back to his home country.
Richmond says once he departs he’s ordered to remain outside the territory throughout the period of his probation. The court also ordered Qin to pay $4,300 in restitution but said a hearing will be held later to address this as well as payment.
MALIEO MAUI JR. ENTERS GUILTY PLEA ON AMENDED COUNT
Malieo Maui Jr. will be sentenced on Feb. 8, 2013 after entering a guilty plea, in connection with a plea agreement with the government. Maui who’s out on bail of $10,000 was initially charged with first degree burglary. However the plea agreement has the defendant pleading guilty to the amended count of second degree burglary, a lesser charge, and Associate Justice Lyle L Richmond has accepted the plea agreement.
According to the government’s case, on May 30, 2011 a break in was reported to the Department of Public Safety. The victim told police she was awoken by someone shining a flashlight or a torch in her lounge. She further states that she yelled at the defendant as to what he was doing in her apartment, and the defendant opened the door and left.
Police received a tip that Maui was involved and they proceeded to meet with the defendant. it's alleged the defendant admitted to police that he broke into the victim’s apartment.
FONOTI AND LEVI TO FIGHT THEIR CASE IN JURY TRIAL
The two men charged on allegations they claimed they were from the Federal Bureau Office (FBI) office and hired people to do construction work which they alleged would be paid for by the FBI, will be fighting their case in a jury trial.
Alatise Fonoti and Aperaamo Levi are both charged with two counts of stealing, for appropriating property and services of people to do labor services for the purpose of depriving them by the means of deceiving.
The pair were in court before Chief Justice Michael Kruse, who recused himself from this case and assigned Associate Justice Lyle L Richmond to take over this matter. Kruse noted that there is a conflict of interest for him, because he’s related to one of the complaining witnesses in this case.
The government claims Wayne Mataio filed a complaint with police, indicating that he and his workers were yet to be paid for the services they performed for the defendants, who claimed they were working for the FBI office.
The government also claims, the defendants warned the workers that if they were to ever question them, they would be thrown in jail, and their families would never see them again.
Other complaints in the affidavit state that the defendants threatened the workers that if they questioned them for their wages they would be arrested and put in jail for two years.
The pair are being held on bail of $10,000 each, and are represented by the Public Defender’s office while Assistant Attorney General Kimberly Hyde is prosecuting this matter. The jury trial for the two men is now set for Aug. 15, 2013.