During yesterday’s hearing, Assistant Attorney General Melissa Simms asked the Superior Court to quash the bench warrant issued against 46-year-old Sylvan Atalig Pua in 2003.
The court set the next hearing for June 30, at 1:30 p.m.
Then-Associate Judge Juan T. Lizama issued the bench warrant against Pua on Sept. 4, 2004 for his failure to show up for a review hearing of his case on Sept. 9, 2004. Lizama ordered a $1,000 cash bail for his temporary release.
Pua was sentenced to one year imprisonment, all suspended except for the first seven days with credit for two days he had already served after he was found guilty of assault and battery on Dec. 1, 2003.
Based on an affidavit submitted to the court by Detective Alfred Celes, somebody from the Tanapag Market reported an assault and battery incident at about 8:18 p.m. on Aug. 23, 2003.
Investigation showed that the defendant, who lived on the second floor of the market went down to buy two packs of cigarettes but he didn’t have enough money to pay for them.
The cashier, De Quiang Liu, gave Pua only one pack but the defendant went to the counter and got another pack then went out. Liu said it was not the first time Pua took something from the store.
Liu said Pua went back to the store a few minutes later and started challenging him to a fight.
Liu said the defendant grabbed his wrist and later grabbed one of the knives for sale near the cigarette cabinet.
Pua was charged for assault and battery, assault, and disturbing the peace.
He entered a guilty plea during his arraignment.
The court ordered Pua to perform 60 hours of community work service, pay a fine of $100 within 30 days from the sentencing, stay away from Tanapag Market during the probationary period, and write letters of apology to Liu and store owner Jie Hou.
Pua was earlier charged for exposing his genitals and for stealing copper wires from CUC with two other defendants, Gloyd Martin and Sumang S. Riungel, on Sept. 9, 2006.
He pleaded guilty to theft and was sentenced to 18 months of imprisonment.
Judge Kenneth Govendo sentenced him to five years of imprisonment, all suspended except for 18 months with credit for time served since Feb. 9, 2007, and six-month jail term for violating his probation for each charge to run concurrent with his sentence to theft charge.
Pua pleaded guilty to indecent exposure after exposing his genitals in the presence of a nurse who was attending to his wife at the Commonwealth Health Center on Sept. 21, 2005, and for criminal contempt.
He was given a probation sentence for both charges.
