Assault, PPD and contempt top the list at District Court this week
Pago Pago, AMERICAN SAMOA — A man who assaulted a woman while he was under the influence of alcohol has been sentenced to 12 months probation.
Nathan Pule appeared in District Court yesterday morning for a pretrial conference where, under a plea agreement with the government - which was accepted by the court - he pled guilty to third degree assault.
In return, the charge of public peace disturbance was dismissed.
With his guilty plea, Pule admits that on Jan. 28, 2019 he slapped a woman on the face while he was intoxicated.
While on probation, Pule is ordered to remain law abiding and be alcohol and drug free. He is also to submit to random testing. Furthermore, he is to attend and successfully complete an alcohol counseling program.
Pule was fined $1,000 but $900 is deferred, pending good behavior during probation. The remaining $100 is to be paid in 30 days.
MAN IN COURT FOR DISOBEYING COURT ORDER
A man who appeared in District Court yesterday morning pursuant to a criminal summons has been told to abide by the court's orders or he will be sent to jail.
In the interest of protecting the victim - the defendant's wife - Samoa News is withholding the names of all parties involved.
According to court documents, the man is charged with private peace disturbance, third degree assault, and two counts of criminal contempt.
He has pled 'not guilty' to all four counts and the matter has been transferred to the Family, Drug, and Alcohol (FDA) court where he is scheduled for a pretrial conference on March 25.
According to the government, on Feb. 7 this year, the vicim contacted police to report that her husband had abused her.
The victim told police that on Feb. 5, her husband accused her of having an affair before he threw water bottles at her. He then allegedly punched and slapped her face.
The next day, according to the victim, her husband came to her workplace and tried to force her to give him her paycheck, but she refused. He told her he'd be waiting outside and then he left.
On Feb. 7, when questioned by police, the defendant admitted to throwing a water bottle at his wife. He also admitted that he went to her workplace to pick up her paycheck but she refused and this made him 'angry'.
He however, denied any further abuse.
On Dec. 18, 2018 the defendant was released for another case. Conditions of his release required him to make no direct or indirect contact with the victim, and he was to stay away from her workplace.
But he failed to comply with those conditions when he was picked up in February.
Judge Elvis P. Patea ordered yesterday, that the defendant continue to be released on his own recognizance, and the same conditions that were ordered from his previous case still apply. In addition, he is to live elsewhere until the matter is resolved.
Judge Patea reminded the defendant that he is not to make any direct or indirect contact with his wife and if he violates that condition, his release will be revoked and he will be jailed.
SI'ISI'I FAATUVALE GALE and PEMITA "MIKA" FAATUVALE GALE
Two brothers charged with private peace disturbance and third degree assault made their initial appearances in District Court this past Monday, where they both entered pleas of 'not guilty'.
Si'isi'i Faatuvale Gale and Pemita "Mika" Faatuvale Gale were both represented by Public Defender Michael White while prosecuting the case was Assistant Attorney General Jason Mitchell.
Judge Elvis P. Patea has released both men on their own recognizance and their next court appearance is set for April 23
According to the government's case, last Saturday, March 9, police got a call for assistance from Utulei. The caller claimed that her fiancee was assaulted by his sister's husband because the siblings were arguing.
When police approached the scene, the victim and the caller were waiting for them by the road.
According to the victim, he overheard his older sister and their dad talking. He said he and his sister ended up getting into an argument after he told his dad to "do the right thing."
The victim said his sister's husband, Si'isi'i, interfered and swore at him, to which he told his brother in law not to meddle in their family matters.
This didn't sit well with Si'isi'i, who continued to shout profanities at the victim.
The two men continued to go back and forth and that's when Si'isi'i allegedly told the victim that he's "lucky" his father is there, otherwise, he would "break his head".
According to the victim, Si'isi'i then punched him on the cheek and back.
The court affidavit notes that the defendant's brother, Mika (co-defendant) tried to break up the commotion. But when the victim said he was going to call the cops, Mika allegedly hit him.
For Si'isi'i, the court has ordered that he make no direct or indirect contact with the victims in this case. He also has to comply with immigration laws, as his ID expired this past Tuesday, March 12, the day after his initial appearance. Furthermore, he is to find somewhere else to stay while his case is pending.
For Pemita, the court has ordered that he not "threaten, harass, annoy, abuse, or disturb the physical well being of anyone at home." If he cannot abide by this order, Judge Patea said, "you can join your brother and go live elsewhere."