Pago Pago, AMERICAN SAMOA — A 32-year-old man convicted of assaulting his wife by using a rock to strike the back of her head was sentenced last week by the High Court to 7 years imprisonment. It was a straight sentence.

[In the interest of protecting the victim, Samoa News is withholding the name of all parties involved]

The defendant, who had been in custody since his arrest last year, unable to post a $10,000 surety bond appeared before Chief Justice Michael Kruse last week for sentencing. He was represented by Assistant Public Defender Ryan Anderson, while Assistant Attorney General, Laura Garvey prosecuted the case.

The defendant was initially charged with one count of 2nd degree assault involving domestic violence, a class C felony, punishable by imprisonment of up to 7 years, a fine of up to $5,000, or both, along with one count of endangering the welfare of a child and private peace disturbance, both misdemeanors.

However, in a plea agreement with the government, accepted by the court last month, the defendant pled guilty to 2nd degree assault involving domestic violence, a class C felony. In return for his guilty plea, the government agreed to ask the court to dismiss the remaining charges against him. Furthermore, the government also asked the court to dismiss another pending domestic violence case against the defendant involving the same victim.

With his guilty plea, the defendant admitted that on Jan. 01, 2019, he assaulted his wife by using a rock to strike her head, causing severe injuries to her head.

Defense attorney, Anderson asked the court for a light sentence for his client, saying that his client was a man who worked hard to provide for his wife and children. Despite the incident where he was convicted, Anderson said that his client is truly remorseful for what he did to his wife and wanted to return home to his wife and children.

Anderson strongly opposed the recommendation by the Probation Office in the Pre Sentence Report (PRS). He told the court that he spoke to the victim and she is not opposed to the defendant being released.

The defense attorney also told the court that he understands the victim has already made plans for her future, and she’s ready to leave the territory and move to the mainland once the borders are open.

According to Anderson, the PSR mentioned something about his client having a history of domestic violence that involved the same victim. However, Anderson told the court that his client’s earlier domestic violence case involving the same victim was back in 2011, which is almost ten years ago.

If the court would allow the defendant to be released from custody, Anderson said that he would make sure his client abided by all court rules and conditions including having no contact with the victim.

The prosecutor did not agree with the defense attorney’s submission for a probated sentence. She asked the court to adopt the recommendation by Probation and sentence the defendant to prison for the maximum sentence.

The government attorney agreed with Probation that the defendant has a history of domestic violence involving the same victim. She stated to the court that the defendant also has a pending domestic violence case in District Court, but that case was dismissed pursuant to terms of the plea agreement between the two parties.

Garvey said that she had already spoken to the defendant’s wife in this matter (victim), and she told her that she’s planning to go to the mainland in an effort to leave the defendant.

After reviewing facts of the case including submissions from both parties and the defendant’s statement, Kruse sentenced the defendant to 7 years at the Territorial Correctional Facility (TCF), a straight sentence.

The court reminded Anderson that his client has a history of violence against his wife. There was a Protected Order signed by the court on Oc. 2018 until Oct. 2019. A couple of weeks later, he committed another crime. The defendant has appeared before the court many times for committing the same crime of assaulting his wife.

The court told the government’s attorney that it does not understand why the government charged the defendant with 2nd degree assault rather than 1st degree [assault] when he used a rock to assault his wife.

BACKGROUND

A domestic violence case in Nuuuli was reported to the Tafuna Police Substation (TPS) early last year after a neighbor observed a woman with severe injuries to her head. EMS personnel were also notified and the victim was transported to the LBJ Medical Hospital for treatment. The woman with the head injuries was later identified as the victim in this case.

The victim sustained a big cut at the back of her head and 8 stitches were needed to close the cut.

When questioned by investigators, the victim stated that her husband, the defendant in this case assaulted her outside of their house by striking her head with a rock. She said that this is not the first time her husband (defendant) laid his hands on her. Everytime her husband came home drunk, he also beat her.

On the day of the incident, the defendant was drinking beer with his friends and when he returned home, the victim asked him about his paycheck. The defendant got mad and started a verbal argument with the victim.

The victim stood up and walked outside of the house, however, the defendant followed her and struck her from the back with a rock causing her to fall on the ground.