Man gets 30-day prison term for domestic violence

Superior Court Associate Judge David A. Wiseman has imposed a 30-day prison term on a compliance officer of the Department of Commerce who was found guilty of assaulting his then common-law wife in front of their daughter at their home in Kagman.
The victim gave a statement during sentencing that she and the defendant, Erwin Paul Togawa, were married after he committed the crimes and that they have been together for many years. The wife also stated that Togawa is a good father, husband, and provider to the family.

In a written order yesterday, Wiseman sentenced the 42-year-old Togawa to six months imprisonment, all suspended except for 30 days, for assault, and three months in prison for disturbing the peace.

Wiseman said the sentences shall run concurrently, which means that the total prison term is 30 days, with credit for six days of time served.

At his sentencing, Togawa expressed remorse and apologized for his actions.

Assistant attorney general Chemere McField recommended a six-month prison term. Court-appointed defense counsel Mark Hanson recommended a probation sentence.

Wiseman said he has considered the mitigating factors, including the fact that Togawa has no criminal history, but he must also weigh these against the aggravating factors, which included the fact that Togawa’s acts were committed in the presence of a child.

“In view of defendant’s actions herein, the court can not depreciate the seriousness of the crime,” Wiseman said.

The judge said that in view of Togawa’s need to support his family and the good job he has and for other good causes, the defendant is allowed to serve the prison term on weekends.

Togawa was ordered to report to the Department of Corrections on May 3, 2014, at 7am and shall be released on May 5, 2014 at 7am. Wiseman said Togawa shall continue the same schedule thereafter every weekend.

The judge said Togawa may, at any time serve more than his two-day weekend schedule but the two-day weekend shall be the minimum.

After completing the prison term, Togawa will be placed on probation for one year. He was required to pay a $100 fine and $25 court assessment fee, plus probation fee.

Togawa was ordered to submit to an evaluation by the Community Guidance Center or an alternate program recommended by the Office of Adult Probation, focusing on anger management counseling.

At a bench trial last month, Wiseman determined that the evidence in the case presented proof of guilt beyond a reasonable doubt in the assault and disturbing the peace charges.

The judge, however, acquitted Togawa on a charge of disturbing the peace involving the child, after finding no proof beyond reasonable doubt.

It was supposed to be a jury trial, but a felony charge of assault with a dangerous weapon was later removed from the case. The Office of the Attorney General dropped the charge as the Department of Public Safety could not locate the knife that was allegedly involved in the case.

Police detective Melissa Bauleong stated in her report that, according to the victim, Togawa pulled out a knife from his waist pouch, pointed it at her, and threatened to kill her on Jan. 29, 2013.

Bauleong said the victim stated that their daughter started to cry and covered her head with a blanket.

The victim also told police that during an argument with Togawa on May 10, 2012, she took her daughter and walked out of the house. Togawa allegedly followed them on a car and threatened to run them over if they don’t get inside the car. The victim said she later heard the car drive behind her, nearly hitting them.

When police officers arrested Togawa at the Department of Commerce, they reportedly recovered a knife from him.