Pago Pago, AMERICAN SAMOA — A 40-year-old man who is on probation for a stealing and burglary conviction four years ago was arrested last month on the allegation that he unlawfully entered a house and assaulted his long time ex-girlfriend in front of her new lover. And, when police apprehended the defendant, drugs were allegedly discovered on him.

[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 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.

THE DOMESTIC VIOLENCE CASE

According to the government's case, on the evening of Mar. 27, 2022, a 40-year-old male called the TPS to report that a man unlawfully entered his home early in the evening and assaulted him along with a woman he had begun dating a few months earlier. The woman was later identified as the defendant’s long time ex-girlfriend, who also is a victim in this case (victim #1).

The defendant and victim #1 have 4 children together and the pair has been separated for about 13 months.

The male who called the TPS further stated to police that the man who assaulted him and his girlfriend also threatened that he would burn down his home if he comes again and finds the mother of his children inside his house.

Responding to the call, officers observed a 2x4 timber about 8 feet long in front of the front door of the house of the reporter, one of the victims in this case.

The caller stated that the defendant entered his home without invitation,  through the front door and made his way to the living room where his girlfriend was playing with her phone, and saying nothing, the defendant struck her on her back with the 2x4 that he was holding in his right hand, and physically assaulted her.

The man further stated that the man who assaulted his girlfriend was her long-time ex-boyfriend, who is also the father of her 4 children.

Investigators also interviewed victim #1 (the woman) regarding the alleged incident and she echoed the male’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. Police looked for him but he was nowhere to be found.

On Apr. 11, two weeks after the alleged incident, the TPS received a phone call from a woman stating that she was assaulted by her ex-boyfriend at her sister’s house in Puapua and she needed police assistance.

Officers proceeded to answer the call and met up with a woman in front of a house in Puapua. The woman immediately identified herself to police as the victim in the case, and she begged officers for help and stated that her ex-boyfriend who is also the father of her children came to her sister’s house and assaulted her in front of her children.

The woman told police that her sister and her husband were both at work and only she and her children were at the house when the incident occurred.

Officers observed blood coming from the woman’s nose and mouth. The ex-boyfriend (defendant) fled the scene before officers arrived.

He was later located at his mother’s house and was immediately placed under arrest and later transported to the TPS for further investigation.

The woman further told police that the defendant assaulted her and her boyfriend inside her boyfriend’s house two weeks prior to this incident where the defendant came to her sister’s home and assaulted her by pulling her hair and threatening to kill her in front of her children.

The defendant was taken to the TPS, and the victim later arrived after she was informed that police had detained him.

The male from the previous incident (ex-girlfriend’s new boyfriend) was also transported to the TPS for further investigation and additional information about the previous matter.

The woman told police that she began dating her new boyfriend two months prior to the incident and it had been over a year since she and the defendant had separated. They lived together for 12 years but they never married.

She separated from the defendant due to the defendant’s drug problem. However, the defendant continued to visit her and their children after they separated. He brought food and money for her and the children.

She told investigators that it was when she went to her new boyfriend’s home to hang out with him and have dinner together that the previous incident happened.

When questioned by police, the defendant said he came to visit his children and was told that the his ex-girlfriend and the mother of his children had been staying with her new lover for two weeks and his children were left alone at his ex-girlfriend’s sister’s house. He also stated that his ex-girlfriend told him that the male victim is her cousin.

The defendant said he was accompanied by his ex-girlfriend’s nephew in search for his ex-girlfriend. A woman who works together with his ex-girlfriend at a store in Tafuna helped them locate the house of the ex-girlfriend’s new boyfriend.

The defendant admitted to assaulting his ex-girlfriend in her new boyfriend’s house when he found her. The defendant also allegedly told police that he slapped his ex-girlfriend twice and dragged her outside of the house. They went home afterwards.

The young man accompanying the defendant to locate his ex-girlfriend confirmed what the defendant told police, including that she was begging the defendant for mercy and that's when the defendant struck her with the 2x4.

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

According to the man’s statement, he started this relationship with the woman about two months prior to the incident. After the alleged incident, the the new boyfriend said that this was a warning for him to stop their relationship because he doesn’t want to get into more trouble.

THE DRUG CASE

Before the defendant was taken to the TPS for questioning, police officers conducted a body search, whereupon police discovered a glass pipe containing meth on the defendant.

Officers also discovered a small baggie inside the defendant’s right pocket containing a green leafy substance.

 When asked about the illegal drugs, the defendant stated that he went to a friend’s house in Taputimu and bought meth and marijuana to help him deal with the situation regarding his family.

The defendant told police that before he went to the victim’s home, he took two hits from his glass pipe to make him strong and untouchable by the victim.

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-year probation, the defendant was sentenced to 20 months at the TCF.