Pago Pago, AMERICAN SAMOA — A man convicted by the court two years ago for 3rd-degree assault and endangering the welfare of a child — both involving domestic violence — was arrested again by police last month on the same allegation that he assaulted his wife — again. During his arrest, officers discovered marijuana inside his bag.

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

The defendant, a 39-year-old mechanic, appeared in Court last month. He is charged with one count of unlawful possession of marijuana, a felony, along with one count of third-degree assault, private peace disturbance (PPD) and contempt of court, all class A misdemeanors.

Bond is set at $10,000 and if the defendant is able to post bond, he is to comply with all conditions the court set when he was sentenced two years ago for a prior case, including the condition that he make no direct or indirect contact with his wife and children.

The court made it clear to the defendant that no direct contact means he’s not allowed to go back to his wife’s house or place of work, nor try to contact her on her cell phone or on social media.

According to the government’s case, the wife contacted police for assistance after she and her four children arrived home and found the defendant sitting outside of their house in Kokoland intoxicated. By order of the court, he is not allowed to be in contact with his wife or children. The wife said, it’s when she told him that he couldn’t come ‘back’ home unless permitted by the court that the defendant got mad and after a short confrontation with the wife, the government alleges that the defendant assaulted his wife by pulling her hair and slapping her in the face twice in front of the vehicle with his young children inside.

The defendant’s 14-year-old daughter got out of the vehicle and yelled at the defendant to stop what he was doing to her mother. The defendant fled the scene before police arrived.

Police proceeded to the defendant’s new location in Petesa where he used to stay with his brother but he was not there. His brother’s wife told police the defendant now lived in Pago Pago with his male cousin.

 One week later on Apr. 4, 2022 around 6p.m, police were able to apprehend the defendant from his new girlfriend’s house in Happy Valley and transport him to the TPS for questioning. During the routine pat down a police officer found one hand rolled marijuana cigarette inside his right pocket.

He was Mirandized and he told officers he wished to make a statement about what happened. The defendant, while admitting to going to his wife’s home to get his clothes, his essential documents and his tools he needed for his mechanic shop, as well as give money to buy food for his children, and that his wife kicked him out of the house he denied the allegation that he assaulted his wife in front of his children.

According to the defendant’s statement to police, it was his wife who pushed him before she punched him in the face multiple times while he was just standing in front of her begging for another chance to come home and be together.

He told officers that he was mad but did not physically touch his wife because he’s not supposed to have any direct or indirect contact with her.

He said everyone makes mistakes but he believes that he deserved to be with his wife and children. He said he’s changed and he wants to fulfill his responsibility as the father of his four children.

BACKGROUND

The defendant was sentenced to 24 months probation after the court convicted him of third-degree assault and endangering the welfare of a child in August of 2020. Conditions of his probation included that he remain law abiding, stay away from his wife and children and not consume any alcohol or possess any illegal drugs.