Pago Pago, AMERICAN SAMOA — A man who is on probation for a drug conviction was arrested by police two weeks ago on the allegation that he assaulted his wife and his wife’s lover in a domestic violence incident at the male victim’s house in Tafeta. However, when police apprehended the defendant, drugs were allegedly discovered on his body.

The government charged the defendant in two separate cases. In the first case, the defendant is charged with one count of 2nd degree assault and one count of felonious restraint, both class D felonies, punishable by term of imprisonment of up to 5 years, a fine of up to $5,000 or both, along with one count of 3rd degree assault, a class A misdemeanor.

In the second case, the defendant is charged with one count of unlawful possession of methamphetamine; 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, a 41-year-old male made his initial appearance in court last week. His bail is set at $15,000.

Preliminary examination is scheduled for Apr. 16th at 10 a.m.

THE DOMESTIC VIOLENCE CASE

According to the government's case, a male victim, 35-years-old, walked into the DPS Tafuna Substation two weeks ago, to report that he had been assaulted by another man while he was sleeping. According to the victim, he was with the defendant's wife when the defendant came to his home and assaulted him with what appeared to be a long metal pipe.

According to the court affidavit, cops went to the victim’s home for further investigation, and then proceeded to the defendant’s house to confront him regarding the alleged beating.

While police were speaking to the male victim at his home, officers received a communication from the Tafuna Substation, saying that a man was assaulting his wife in front of their house in the same area. The man was later identified as the defendant.

Police officers proceeded to the house and were able to locate the defendant and his wife at their home in Tafeta, a few blocks away from the male victim’s home in the same area.

Officers observed blood coming from the woman’s nose and mouth. The defendant was immediately placed under arrest.

When police asked about the alleged weapon that was used to assault the male victim, the defendant produced a metal pipe about 5 feet long.

The defendant was taken to the DPS Tafuna substation, along with his wife. The male victim was transported by the EMS personnel to the LBJ Hospital for treatment.

The woman told police that she went to the male victim's home to return his shirt and when her husband called the victim to inquire of her whereabouts, she told him to tell her husband that she wasn't there.

According to the woman, she went to the victim's residence and stayed, waiting "for a better time" to return home. But she ended up sleeping there.

According to police, the woman said she was "shocked' when she woke up and found her husband's hands around her neck, "about to strangle her". She said she sat up and at the same time, the male victim was sitting up too. And that's when her husband hit the victim twice with a metal pipe, causing the victim to "collapse on the bed". The defendant also punched the victim "several times," according to the woman, who said her husband "beat her up too” inside the male victim’s home before he instructed her to come with him to their house.

When questioned by police, the defendant said his wife told him that she was going over to the victim's home to drop off his shirt. The defendant said he was accompanied by a child, in the search of his wife. It was a bus driver who helped them locate the victim's house.

When they got there, according to the defendant, he could see from the outside that his wife and the victim were in bed, naked. He allegedly admitted to police that he entered the home and woke his wife, asking her why she was doing this to him.

He said he was angry and when the victim was about to sit up, he hit him twice with a metal pipe and punched him two times. He said the victim was lying on the bed the whole time, his head covered with a pillow.

The defendant also allegedly told police that he slapped his wife twice and dragged her outside of the house. They went home afterwards. But the child who accompanied him re-entered the home and told him he hit the victim again.

The child confirmed what the defendant had told police, including that she was begging the defendant for mercy and that's when the defendant struck the victim with the metal pipe. The child said he and the couple left together, and they took the metal pipe with them. The child did not say he hit the victim.

Police interviewed the male victim regarding the incident. According to the victim’s statement, the defendant’s wife called him and asked if she could come over and spend the night with him. The victim further told police that he’s sorry for what he did to the defendant’s wife, however, he can’t hold off his feelings of love towards the defendant’s wife.

According to the victim’s statement, it’s been 4 months now since he started this secret relationship with the defendant’s wife. After the alleged incident where he was assaulted by the defendant, the victim said that this is a warning for him to stop their secret relationship.

THE DRUG CASE

Before the defendant was taken into the Tafuna Substation for questioning, police officers conducted a body search on him for weapons and illegal drugs. During the body search, police discovered a hard object inside the defendant’s left pocket. One officer pulled out the hard object and discovered that it was a glass pipe containing methamphetamine.

Officers also discovered a small baggie inside the defendant’s right pocket containing 3 marijuana joints. When asked about the illegal drugs, the defendant stated that he went to his friend’s house in Vaitogi and bought meth and marijuana to help him deal with the situation regarding his wife who has been cheating on him.

The defendant told police that before he went to the victim’s home, he took 3 hits from his glass pipe to make him strong and untouchable by the victim. He said that his plan was to kill both his wife and her lover, however, when he entered the victim’s house, a different feeling come into his mind saying that he should not kill his wife or her lover.

According to court records, the defendant is on 5 years probation after being convicted of unlawful possession of marijuana in 2015. As a condition of his 5 years probation, the defendant was sentenced to 20 months at the TCF.