A man who was charged with public peace disturbance while he was on probation for a previous PPD was sentenced today.
Forty-seven year old Misimoa Tialavea was charged with two counts, public peace disturbance and assault in the 3rd degree.
According to the plea agreement presented in District Court by Assistant Attorney General Robert Bigelow if the defendant pleaded guilty to the public peace disturbance charge, the assault count will be dismissed.
The defendant accepted the plea agreement and the court approved it.
Tialavea had attended a birthday party on June 18, at his cousin’s house that was right next to his.
After drinking alcohol he had an argument with his sister.
The exchange of words turned physical when the defendant assaulted his sister.
District Court Judge Fiti Sunia was not surprised because the defendant was already on probation for a Public Peace Disturbance in December of last year which also involved his sister.
The judge said, “Apparently the counseling at Social Service did not help”…seeing that the defendant violated his probation by drinking alcohol and this led to an altercation with his sister again.”
Judge Sunia told the defendant the combination of alcohol and his sister does not end well for the defendant and he should stay away.
The court suspended a 60-day jail term for Tialavea and placed him on probation for 18 months.
But he still has to serve a 3 day sentence for his prior probation violation.
Judge Sunia told the father of three the court decided to be lenient in his case to help him improve his life and because he has children who look up to their father.
The judge’s advice to the defendant was, “Change your ways for the sake of your kids.”
