During Friday’s bail hearing, Associate Judge Perry Inos said 30-year-old Martino M. Omelau can post 10 percent of the $3,000 bail in cash and $2,700 in unsecured or appearance bond.
He told Omelau to comply with several conditions including returning to court whenever required to do so, obeying all commonwealth and federal laws, surrendering all travel documents and not leaving Saipan.
He was also ordered to stay away from the victim, and from all seaports and airports and keep his appointments with attorney.
The prosecution, represented by Assistant Attorney General Rebecca Warfield proposed a 7 p.m.-6 a.m. curfew, which the court granted.
The Department of Public Safety was also allowed to conduct random checks to monitor if the defendant is in compliance with the curfew regulation.
The assault and battery charges against Omelau stemmed from the affidavit filed by Detective Joaquin Deleon Guerrero who stated that on Oct. 2, a disturbance was reported within Chalan Kanoa along Texas Road.
Police Officer John Cabrera responded to the scene at the residence of the victim, Emanuel Pamintuan.
Preliminary investigation showed that the victim had just arrived home when another car, a sports utility vehicle pulled up into his driveway.
Two men got out from the SUV and told the victim to leave. The victim replied that was on his own property, and ordered the two men to leave instead.
Investigation further showed that one of the two men, later identified as Omelau, pulled out a cellular phone and dialed a number, claiming it was 911. The phone was then handed to the victim and he was told it was the police
Unsure and confused, the victim spoke to the person on the other line and reported there were two men on his property telling him to leave from his place. The victim said he didn’t remember what exactly happened next except that the two men started hitting his head and face several times.
The victim sustained a cut on his nose and his face was bruised. His forehead and right temple was also swollen.
Police Officer Daniel Quitugua, who was in Chalan Kanoa to look for the two suspects, saw several people at an apartment and detained one of them, who turned out to be Omelau. He was positively identified by the victim.
Omelau was arrested and taken to the Department of Corrections where he was booked and detained for assault and battery.
Omelau admitted his involvement in the incident.
He said the fight started the previous night while he and his brother were drinking in his house in San Vicente.
Omelau said they noticed a car parked from across his house and nobody got out.
When he and his brother went out to buy more beer, the car also left.
They followed the car to the house of the victim and confronted the driver.
He said they called 911 and gave the phone to the victim.
The victim, he added, hit him in the face and a fight ensued.
