Commerce employee found guilty of assaulting common-law wife
OAG dismisses felony charge because knife missing at DPS
A compliance officer of the Department of Commerce has been found guilty of assaulting his common-law wife in front of their minor daughter at their home in Kagman last year.
In a written judgment yesterday, Superior Court Associate Judge David A. Wiseman found Erwin Paul Togawa guilty of assault and disturbing the peace.
Wiseman said 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 the 41-year-old Togawa on a charge of disturbing the peace involving the child, after finding no proof beyond a reasonable doubt.
Sentencing will be on April 23, 2014 at 1:30pm.
The bench trial was held on Monday.
It was supposed to be a jury trial, but a felony charge of assault with a dangerous weapon was later removed from the case. Assistant attorney general Margo Brown-Badawy 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 had 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.
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 from him a knife.
Attorney Mark Hanson served as court-appointed counsel for Togawa.