Judge Perry Inos continued the matter until Judge Kenneth Govendo returns to work from his sick leave.
The case was filed in March 2010, but Assistant Attorney General Shelli Neal told Variety that it was “not taking long” and had been scheduled for a jury trial on Sept. 12.
She said Fitial should “learn a lesson” for what he did, considering that he is a trained fighter.
Neal told Variety the prosecution was ready to proceed with the case.
The AG’s office, she added, also informed the victim, Scot Thompson, owner/partner of Dental Care, about the developments of the case.
Fitial, who is being represented by attorney Edward Arriola, has apologized to his victim.
Court records showed that Fitial has asked the lower court to release his passport and to allow him to travel, on many instances, in connection with his MMA career or for a basketball tournament on Guam and the Philippines.
In the signed plea agreement dated Aug. 23, 2011, Fitial agreed to be sentenced to one year imprisonment, all suspended except for seven days without parole, with credit for time served at the Department of Corrections facility.
Fitial was arrested on March 5, 2010, and was released on March 8, after posting $1,000 cash bail and a $1,000 unsecured or appearance bond.
The police report regarding the assault incident indicated that it was unprovoked and that Fitial, “for no apparent reason,” shouted obscenities at Thompson and his companion Jong Sung Kim.
When Thompson asked Fitial, who reeked of alcohol, “Is there a problem?,” the MMA fighter “threw about 15 to 20 punches to [Thompson’s] face.”
