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Man on probation back in court charged with assaulting his neighbor

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Pago Pago, AMERICAN SAMOA — A 42-year-old man who is on probation for 12 months was arrested last month on the allegation that he assaulted his neighbor while he was intoxicated.

Viliamu Ioane made his initial appearance two weeks ago. He is charged with 3rd degree assault, trespass, resisting arrest, and public peace disturbance — all misdemeanors.

During his initial appearance, the court established the defendant’s bond at $1,000. If he posts bond, the court has ordered, among other things, that he remain law abiding and not to make any direct or indirect contact with all the government’s witnesses, including not setting foot at or near the victim and his family’s house.

The defendant is accused of unlawfully walking onto a neighbor’s land and allegedly assaulting his neighbor by punching him in the face multiple times while he (Ioane) was intoxicated. The victim’s wife told police that this is not the first time the defendant has done this to her husband.

According to the wife, the defendant became upset when her father did not do what the defendant wanted him to do. The victim and his family are living on land belonging to the defendant’s uncle and his family. 

The defendant prohibited the victim and his family from using part of the land as a short cut road because other people are also using the short cut; however, the defendant’s uncle, who is off island, instructed the victim’s family to use the land as a short cut road for them to the main road.

Two weeks ago while the defendant was drinking beer behind his house, he allegedly saw the victim’s children, along with their friends walking on the road. He then waited until the victim’s children went to their house before he walked over, forcibly entered the home, and allegedly assaulted the victim.

The victim apologized to the defendant and told him to forgive him (victim) and his family if they did something to cause any trouble, however, the defendant did not listen but continued to assault the victim in front of his wife and four children.

Last year, the defendant was convicted of 3rd degree assault and endangering the welfare of a clild, both class A misdemeanors. He was placed on probation for 12 months subject to conditions that he not consume any alcohol or possess any illegal drugs, and he was to attend and complete an alcohol counseling program.

The defendant is scheduled to appear in court on next month for his pretrial conference.