Judge acquits man in domestic spat, saying woman was aggressor

Superior Court Associate Judge Joseph N. Camacho acquitted yesterday a man accused of slapping his girlfriend during an argument, saying it was the woman who was the initial aggressor and the man was just defending himself.

“This court does not tolerate domestic violence. The question is: Is defending yourself from a person who has pushed you onto the ground and then slapped your face an act of domestic violence?” Camacho asked.

Camacho granted Chief Public Defender Douglas Hartig’s motion to acquit 41-year-old Faunny Anastacio Kelulau of the charges of assault and battery and disturbing the peace, saying the government failed to prove beyond a reasonable doubt that Kelulau’s physical contact with his girlfriend was unlawful.

“Though rarely reported, men can and are victims of domestic violence too. Whether a man, woman or child, no one deserves to be a victim of domestic violence,” Camacho said.

Camacho said it is troubling for the court that the prosecution automatically assumes the woman is the victim and the man is the abuser.

Clearly, the judge said, based on the words of the girlfriend herself, she was the one who started the physical abuse.

At the bench trial, assistant attorney general Barbara Cepeda called four witnesses, including the defendant’s girlfriend.

Police officer John Cabrera testified that he responded last March 1 to a 911 call to the road by the Northern Marianas College gymnasium in Finasisu, where he met the alleged victim.

Cabrera saw the girlfriend crying but did not see any injury, marks or bruises, and no medical assistance was needed.

The girlfriend said she and Kelulau had an argument. She testified that she pushed Kelulau, causing him to fall to the ground. As their argument continued, she slapped him and that he slapped her back.

An NMC student saw the couple arguing on the side of the road. The student only saw the part when Kelulau slapped the woman. The student then called 911.

Police officer Maverick Saures testified that he saw a slight bruise on the alleged victim.

In granting the motion for a judgment of acquittal, Camacho said the girlfriend was the initial aggressor as she pushed Kelulau to the ground. She then slapped Kelulau in the face and to defend himself from further attack, he slapped her.

The judge said the girlfriend stopped her attack and Kelulau did not continue any physical contact beyond what was necessary to defend himself.