Habitual offender gets 13-month jail term for kicking cop, violating probation

A habitual offender on probation was slapped with a 13-month jail term for kicking a police officer, who responded to a domestic violence incident.

Superior Court Associate Judge David A. Wiseman sentenced Sharp Betao Ngirutoi to a total of 13 months in prison, to be served day-to-day without parole.

Ngirutoi, 33, was given credit for the time he already served at the Department of Corrections.

For assaulting the police officer, the defendant was ordered to spend six months in jail. For violating his probation, he was ordered to spend seven months in prison of his unsuspended sentence in connection with his previous criminal convictions. This brings to a total of 13-month jail term.

Upon completing his jail term, Ngirutoi will be placed on supervised probation for two years. He was required to pay a $100 fine plus court and probation fees during the first six months of his probation, in addition to any fines and costs imposed in his previous convictions.

The defendant was required to undergo anger management counseling and prohibited from possessing or consuming any alcoholic beverages during his probation. He was ordered to complete 100 hours of community work service.

The Office of the Attorney General charged the defendant with two counts of assault and battery, and one count each of disturbing the peace, obstructing justice, and resisting arrest.

Ngirutoi and counsel signed a plea deal with the government. He pleaded guilty to one count of assault and battery, and one count of obstructing justice. He also admitted violating his probation. The OAG moved to dismiss the remaining charges as part of the plea agreement. The court granted the motion.

According to the factual basis of the plea agreement, Ngirutoi got into a fight with his girlfriend, who called the police. When Police Officer Jonathan Cepeda arrived at the scene, the defendant kicked the officer and refused to get inside the police’s vehicle.

Ngirutoi also told the officer that he knows his face already and threatened that if he would see him out there he’s going to get him.

Ngirutoi currently owes the Office of Adult Probation $35 in assessment fees and $240 in probation fees. He also owes $1,603.17 in restitution and has not performed any of his 100 hours of community work service. He also failed to appear at four review hearings.

In June 2009, Ngirutoi and another man were arrested for beating up a man across the post office in Chalan Kanoa. The victim, a Chinese national, suffered serious injuries. He has prior arrests for assault, burglary, and for not appearing at a court hearing.