Associate Judge Kenneth L. Govendo also subjected 48-year-old Petrus Tomei, also known as Petrus Kelulau, and Kabrel Kelulau to obey several conditions, including observing a 7 p.m.-6 a.m. curfew, staying away from alcohol and having no contact with the victim and his family. The defendants will return to court whenever required, surrender all travel documents and not leave Saipan without court permission.
The defendants, who were charged separately, appeared for the bail hearing yesterday. Assistant Attorney General Mike Evangelista appeared on behalf of the government. Govendo said he will appoint private counsels for each of the defendants.
The court found probable cause to charge the defendants with one count of assault with a dangerous weapon, one count of assault, one count of disturbing the peace and one count of conspiracy.
Govendo set the preliminary hearing for Dec. 22 at 9 a.m. and the arraignment for Dec. 29, 2008.
Detective Andrea C. Ozawa of the Department of Public Safety Criminal Investigation Division stated in her affidavit that a caller reported a disturbance in Kagman at about 12:38 a.m. on Dec. 15, 2008.
The responding police officers said they met a male individual later identified as Petrus who had blood stains on his clothing. Upon investigation, Kelulau told police the blood stains on his clothes were from his brother whom he brought to the fire substation. Kelulau said his brother, identified later as the other defendant in his case was stabbed at the house of Gloyd Martin.
Initial investigations showed that responding police officers discovered broken objects in front of the driveway and in the yard of Martin’s residence. There were also blood stains on the driveway.
Martin told the police that the two defendants “trashed” his house. Police saw rice spilled all over the inside of Martin’s house. Martin told police that defendant Kabrel murdered his uncle in Palau a long time ago and spent a long time in jail, and that Kabrel has a “problem with his family.”
Further investigations showed that Martin’s children were sleeping and he was in the shower when he heard someone calling his name outside. Martin said the dogs were barking, and he saw Kabrel standing in the garage. He said that Kabrel told him they are prepared to kill him. He added that Kabrel took a machete from a jeep parked in the driveway. Petrus was in the driver’s seat, he said.
Martin said he closed the door but he saw his seven year old son walking out the kitchen door. He said Kabrel tried to stab his son with the machete. He ran after his son and grabbed him back into the house. Martin added that he grabbed a bush cutter from the kitchen floor and used it to stop Kabrel from stabbing him and his son. He said he hit Kabrel with the tip of the bush cutter in his attempt to stop Kabrel from stabbing him. They ended in the garage. Martin added that he hit Kabrel’s head with the bush cutter’s engine when Kabrel stepped forward to stab him.
Upon seeing his brother fall to the ground, Martin said Petrus grabbed the machete and also tried to stab Martin. They struggled until Petrus hit himself on the garage post. Martin said Petrus continued to attack him so he struck Petrus with the flat side of the machete. Petrus grabbed his brother and took him to the jeep, shouting that he would be back with a gun and kill Martin. Petrus was taken to the hospital but he was arrested and transported to the Department of Corrections at 2:21 a.m. on Dec. 15.
