Pago Pago, AMERICAN SAMOA — A man with a pending domestic violence case involving his wife was arrested by police this week after he allegedly beat up the same victim and tried to have sex with her in front of her friends who tried to stop the assault.

To protect the identity of the victim, Samoa News is withholding the names of all parties involved.

The defendant made his initial appearance in District Court this week.

He is charged with one count of attempted rape and one count of 1st degree sexual abuse, both class C felonies, punishable by terms of imprisonment of up 7 years, a fine of unto $5,000, or both, along with one count of 3rd degree assault and private peace disturbance, both misdemeanors.

Bail was set at $25,000.

Preliminary examination (PX) is set for Thursday next week, Aug. 20th at 9a.m.

THE CASE

The case was reported to the Tafuna Police Station (TPS) by a female who requested police assistance regarding a 25-year-old female who was allegedly assaulted by her husband at her friend’s home in Aasu.

On Aug. 02, 2020 about 5p.m, a woman contacted the TPS reporting that her friend (victim) was assaulted by her husband (defendant) at the woman’s home. Five police units with several police officers responded to the call. As officers made their way to the home, the woman kept calling the Tafuna dispatcher asking if they were getting near the area, because the defendant was still hurting the victim.

Upon arrival at the scene the woman, who is also the victim’s friend, waved to police from inside her house and pointed to where the defendant was. The defendant didn’t have any shirt on but only a white bed sheet he wore like an ‘ie lavalava’. The victim was inside the house with her friend’s mother, where she was lying on bed while the mother was massaging her right shoulder with a vapor rub.

Officers were speaking to the victim and her friend while other officers approached the defendant who was standing outside of the house, where they apprehended him and placed him inside one of the police units parked outside of the house. The victim was transported to LBJ where she was treated, but refused to be admitted for further assessment.

Before the victim was interviewed, officers could see her dress was torn and dirty. She didn’t have any bruises on her right shoulder but she was feeling pain when she moved it.

When asked about the alleged incident, the victim stated to investigators that she was at a retirement party for a friend. She and her friend left early to go home and spend the night at her friend’s (the woman who reported the incident) house. The victim was inside with another person while her friend was in and out of the room because she was drinking with some people outside.

The victim was awakened by her friend telling her that her husband (defendant) was outside crying and wanting to talk to her (victim). The victim went outside and told the defendant he’s not supposed to be there due to order of the court, but the defendant kept saying he wanted to talk.

The victim kept saying no and turned to head back inside the house, however, the defendant immediately pulled her dress so hard that she ended up falling on her back. The defendant grabbed the victim by the neck and put his weight on top of her to hold her down while at the same time trying to cover her mouth with one hand and holding her hands down with the other.

The victim tried to move side to side but the defendant forcefully removed her clothes and tried to sexually assault her, but the victim kept pushing him away. The  defendant allegedly did not succeed in raping her.

At one point the victim tried to punch the wall of the house in an effort to get the attention of her friend, but the defendant held her hands back. The victim tried again to punch the wall but the defendant pulled her arm so hard it caused her hand to be dislocated.

A few moments later, the victim’s friend finally made her way outside of the house and witnessed the defendant’s actions against the victim.

Investigators were able to interview the friend who is the main witness in this case.

According to her statement, she witnessed everything. They were drinking outside of her house when the defendant asked her if he would see the victim inside the house, but she didn’t agree, she said.

The witness stated that at some point the victim left the house and walked outside and the next thing she heard was a person calling out to her for help outside of her house. She ran outside to check and discovered the defendant choking the victim while holding her body down.

The witness immediately ran to her friend and tried her best to move the defendant away from the victim, while the victim was crying and calling out for help. The defendant refused and insisted she give them time to talk while he had his hand on the victim’s neck.

Finally, the victim managed to escape and ran inside the house. Police were notified at that time.

DEFENDANT’S STATEMENT

After reading him his constitutional rights, the defendant informed police that he understood and he agreed to make a statement.

According to the defendant’s statement to police, his wife messaged him around 10:30p.m to 11:00 to come get her at the party, but the defendant knew that he and the victim were ordered by the Court to not have any contact due to their previous domestic case.

The defendant then messaged his wife’s friend to please take his wife home from the party. However, the victim messaged him again that she was at her friend’s house but he refused to go there because of their case. Later on that night, the friend messaged the defendant for cigarettes and that’s why he went over to the house.

According to the court affidavit, when the defendant arrived at the house, he asked the friend if his wife (victim) was in her house but the friend said no. So the defendant left and went back to his house. Later on that same night, the victim messaged the defendant again and told him that she (victim) was hiding inside her friend’s room. That’s when the defendant found out that the friend had lied to him about his wife’s (victim) location.

The defendant then went back to the house and saw his wife, the friend and three men drinking at the residence. The defendant was sitting in front of the main road and was later invited to join the drinking session. After the drinking session, both the friend and the victim told the defendant to come sleep inside the house. That’s when the friend gave the defendant a white bed sheet and a pillow.

Allegedly later on that night, the victim came outside to the defendant and they were making loving when the defendant whispered in the victim’s ear asking “who was the guy you made love with before I came?”, and it angered the victim to the point where she started to pretend that the defendant had done something wrong to her by hitting the wall with her leg and arm.

The defendant tried his best to calm his wife down but his wife was pushing the defendant away by his neck. The friend came outside and found the victim crying for help and saying he broke her arm. That’s when the friend called police and the defendant stayed there until the police arrived.

The defendant knew of the possible consequences if he went to see his wife since he has a current case pending in the Family, Drug and Alcohol court. As a condition of his release, he was not to have contact with his wife at any time.

BACKGROUND

The defendant was first arrested in May of this year after a woman contacted the TPS for assistance after she was assaulted by the defendant. Several police officers responded to the call and met up with the victim at their home.

The victim told police that her husband was mad at her and allegedly assaulted her by pulling her hair and punching her in the face. The defendant further accused her of having a relationship with another man which, according to the victim was not true.

The defendant was arrested and later charged with assault and private peace disturbance involving domestic violence.

During his initial appearance, the court set bond at $300.

The defendant was later released on bond subject to conditions that he is law abiding and makes no direct or indirect contact with his wife or her family.