A man who tried to cause serious harm to his wife with a machete was sentenced last Friday by the High Court to 60-months in jail followed by 10 years of probation.

However after the court reviewed all information presented in this case as well as the arguments from the defense and an apology by the defendant, the judges decided to sentence the defendant to one year behind bars and upon release from the Territorial Correctional Facility he is to depart American Samoa and return to Samoa and not to enter or attempt to enter the territory during the 10-year probation period.

The court also directed the government after the jail time is served, not to release the defendant from jail under any circumstances or to prepare for his departure to Samoa, but to take him directly from jail and put him on a plane or vessel to depart the territory.

The 52-year old defendant was initially charged with two felonies — assault in the first-degree and second-degree — and a misdemeanor, public peace disturbance. But under a plea agreement with the government, the defendant pled guilty to first-degree assault for assaulting his wife in December last year and the other charges were dismissed.

Prior to sentencing the defendant apologized to the court for his crime and sought leniency so he could return home to care for his wife and children as well as to continue to serve his village, family and church.  He told the court that he is sorry for what he did and the many months he has spent in jail since his arrest and it is a lesson for his life.

Defense attorney Michael White told the court that the defendant is hoping and wants to return home to be with his wife and children. White asked the court for leniency and to give his client another chance in life.

Assistant attorney general Bob Pickett told the court that although the defendant is now saying he is sorry for what he did to his wife, the defendant had told police when he was questioned after he assaulted his wife that “he regrets his first swing of the machete was not strong enough.” Additionally, the defendant said, “He regrets not catching her as she ran away, because then the neighbor could have seen him cut her up.”

Pickett told the court the defendant was clear on what he wanted to do to his wife and that is to cause her death on that day.  Additionally, the wife no longer wants anything to do with him as she is afraid of him. The assistant AG also argued for a severe sentenced to be given to the defendant

The charge of first-degree assault is punishable by five to 15 years in jail.

According to a court affidavit in support of the arrest warrant, the defendant got into a “verbal altercation” with his wife (the victim) and the altercation escalated and became physical. The defendant struck the victim’s neck with a machete causing a wound that “bled profusely.”

The affidavit also states that a towel was used to hold against the wound that was covered in blood and the police officer called to the scene “observed the flesh split open.” It further states the victim grabbed the machete, thereby suffering additional injury, as the defendant tried to pull the machete back from her.

According to the government’s case, the victim was able to get away and ran calling out for her son’s girlfriend to get help; and, numerous neighbors came to assist the victim after her screams alerted them.

Prior to handing down sentence for the defendant, Chief Justice Michael Kruse recalled some of the information pertaining to this case in which the incident occurred because the defendant got mad at his wife and then went after her with a machete. He says it was God’s love and blessing that this case didn’t result in serious consequences.

Kruse also addressed the defendant saying if the defendant is angry because his wife is unfaithful, the machete is not the answer to the problem but a case can be brought to court  for divorce proceedings or a court order to resolve issues pertaining to married couples.

To protect the victim, Samoa News is not identifying the defendant by name.