The court at the same time granted the release of Eugene M. San Nicolas, 35, who assaulted his common-law wife, to his brother as his third-party custodian.
In another case, the court found probable cause that Elvin Nicky, 35, assaulted his girlfriend with a knife.
Apology letter
Associate Judge Perry B. Inos ordered Castro to write an apology letter to her victim.
Records showed that Castro repeatedly hit a female household member on April 4, 2009.
Castro will pay a fine of $75, a $25 court assessment fee, and probation fee to be determined by the Office of Adult Probation.
She will perform 120 hours of community service.
The Adult Probation’s Office will determine within 90 days is she needs to pay restitution.
Castro will undergo and complete counseling at the Community Guidance Center.
She will keep all her appointments with her probation officer and not consume or possess alcohol. She will obey all laws and submit four job applications every month.
Domestic violence
Govendo yesterday granted the bail modification filed by Assistant Public Defender Douglas Hartig for San Nicolas.
Assistant Attorney General Jennifer Dockter questioned Jay San Nicolas, the defendant’s brother, to be the third-party custodian.
The court allowed Eugene San Nicolas to post $300 bail as 10 percent of $3,000 and the remaining $2,700 in unsecured bond for the charge of assault and battery, assault, resisting arrest, and disturbing the peace.
Govendo directed Eugene San Nicolas and his third-party custodian not to have any contact with, even if initiated by the victim, his common-law wife.
The court ordered Eugene San Nicolas not to leave Tinian without court order as among the pretrial release conditions.
Detective Joann A. Pangelinan said in her affidavit that the victim called up Tinian DPS on Feb. 27, 2010 at about 12;21 a.m.
“[The victim] stated that [Eugene] San Nicolas was thinking that she was having an affair with someone,” Pangelinan said.
DPS front desk heard shouting over the phone that mentioned the defendant’s name.
When police responded, Eugene San Nicolas told the police to leave.
The victim, however, told the police to take Eugene San Nicolas out of the house.
Officer Ray Pangelinan pepper-sprayed San Nicolas who was being aggressive toward the responding officer.
“I’m never going forget this,” San Nicolas said “in a threatening manner” to Officer Pangelinan, according to Detective Joann Pangelinan.
The victim then told responding officers that San Nicolas slapped her right cheek, and asked her if she was “messing around.”
When asked by the police to put his hands on his back, San Nicolas refused.
Officer Herbert Borja took out his pepper spray and warned San Nicolas he would be sprayed again if he would not cooperate.
Officer Conrad Manglona then arrested San Nicolas.
Probable cause
In another case, Judge Inos found probable cause that Nicky committed the crime of assault with a dangerous weapon, assault and battery, and disturbing the peace.
During the preliminary hearing on Tuesday, Nicky appeared in the custody of the Department of Corrections.
The court earlier found basis for Nicky’s arrest after his Gerstein hearing on March 2, 2010 when Judge Govendo imposed a $30,000 bail on him.
Nicky assaulted his girlfriend with a knife when she refused to give him a food stamp, police said.
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