ASG AMENDS CHARGES AGAINST ERIC NAIULI TO NEGLIGENT HOMICIDE

Associate Justice Lyle L Richmond has accepted the government’s motion to dismiss the assault charge and amend the criminal complaint against Eric Naiuli, who is now charged with negligent homicide in connection with an incident that occurred in Afono last year which resulted in a man’s death.  

Assistant Attorney General Tony Graf told the court that the report from the hospital led to the change of the criminal complaint, as to the cause of death in this matter.

According to the government’s case, the defendant was in a drinking session and a fight broke out. The victim, who intervened to stop the fight, was struck on the head. The victim was transported to the hospital where he later died as a result of the incident. _Pretrial conference in this matter is now scheduled for next month.

JUVENILE CHARGED FOR INDECENT EXPOSURE

A 15-year-old boy is accused of showing off his private parts to a woman who was swimming in Nu’uuli over the weekend.

Samoa News cannot name the juvenile in this matter, given his age.

According to the government’s case, police spoke to the victim, a Caucasian woman, who stated that while she was swimming on Saturday, she saw the defendant, who appeared to be following her. The woman kept on swimming however she was shocked to turn around and find the young man sitting on a rock behind her and allegedly showing her his private parts. The defendant is charged with indecent exposure.

The woman contacted the police for assistance in the matter, and the juvenile has since been charged.

ARONA AMITUANAI DENIES CHARGES AGAINST HIM

A man who is alleged to have forcefully entered a home and assaulted a caretaker denied the criminal charges filed against him during his arraignment in High Court yesterday morning. Arona Amituana’i is facing charges of burglary second degree, assault second degree, and misdemeanor charges of third degree assault and private peace disturbance.

According to the government’s case on Nov. 18, 2013 a man went home to deliver some food for his wife who is bedridden. She is cared for by a caregiver that the family had hired.

The man told police he noticed a door to one of the rooms in the house was locked, and when he entered the room he found Amituana’i hiding behind a towel. It’s alleged the defendant came towards the man with a pocket knife and the man retaliated by kicking and punching the defendant.

Court filings say the man fought with the defendant and they ended up on the floor wrestling. At one point during the fight, the man was allegedly choked by the defendant. Furthermore the man told police that when the defendant tried to stab him with the knife he managed “to land a few punches on the defendant.”

Court filings say the defendant ran to the window and jumped out through nine or ten louvers, breaking all of them. The man told police that he managed to punch the defendant in his stomach and then pull him back into the house. The defendant sustained cuts on his face and a piece of glass was sticking out of defendant’s left shoulder.

The victim received a knife wound on his left wrist, scratches on the right side of his neck, a cut on his right leg, a swollen left elbow, pain in his right elbow and soreness in his left shoulder, lower back and neck, say court filings.

According to the caregiver who takes care of the victim’s wife, the defendant had come banging on the front door, but the caregiver refused to open the door. The defendant then kicked the door in, damaging the latch and side panel of the door.

The caregiver told police the defendant had forced his way into the house and allegedly pulled the girl’s hair and slapped her several times while threatening her.  When the husband arrived home, the defendant ran and hid in one of the rooms.

According to police records, the defendant was ordered to stay away from the girl who was caring for the victim’s wife. In the matter where he was ordered to stay from the girl and to serve 12 months in jail as part of his five years probation. The defendant already served his 12 months in jail.

Samoa News notes the defendant prior to being arrested for this recent case, served jail time for previous domestic violence case with his live in girlfriend (who was the care taker in this recent case). The pre-trial conference in this matter is now scheduled for August 8, 2014.

WOMAN DEPORTS HUSBAND FOLLOWING DOMESTIC VIOLENCE

A man who pled guilty in District Court last week for public peace disturbance was sentenced to 24 months in jail under the condition that he leave the territory and remain outside for the duration of his probation. Samoa News is withholding the name of the defendant to protect the identity of the victim, who is his wife.

According to the government’s case, the defendant had recently entered the territory yet had been convicted twice before the District Court for PPD charges.

The first matter occurred when the defendant was only in the territory for three weeks on a 30 day permit and the recent case occurred one week after the first incident. For the first PPD charge, the defendant was sentenced to 12 months in jail.

District Court Judge Elvis Patea said that it appears the defendant has yet to learn a lesson from the first time he was arrested for assaulting his wife.

The defendant has since been incarnated, and this Thursday, he will be returned back to his homeland, Samoa.