$25K bail set for 2 brothers in Kagman assault

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Posted on Dec 16 2008
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Superior Court Associate Judge Kenneth L. Govendo ordered the posting of $25,000 cash bail each for brothers Petrus Kelulau (aka Petrus Tomei) and Kabrel Kelulau in connection with an assault with dangerous weapon case.

The Kelulau brothers, who allegedly attacked a resident in Kagman on Monday, appeared at yesterday’s bail hearing but failed to post the recommended bail. They were charged separately.

Govendo also subjected them to several conditions, including observing a 7pm-6am curfew. They must also stay away from alcohol and having no contact with the victim, identified as Gloyd Martin, and his family. They will also return to court whenever required and surrender all travel documents and not leave Saipan without court permission.

Assistant Attorney General Mike Evangelista appeared on behalf of the government.

Govendo told the defendants that the court will appoint private lawyers for each of them.

The court found probable cause to charge the defendants with one count of assault with a dangerous weapon, one count of assault, one count of disturbing the peace and one count of conspiracy.

The court set the preliminary hearing for Dec. 22 at 9am and the arraignment for Dec. 29, 2008.

In her affidavit, detective Andrea C. Ozawa stated that a female caller reported a disturbance in Kagman about 12:38am on Dec. 15, 2008.

Police responded and met Petrus who had bloodstains on his clothing. Petrus told police that the bloodstains were that of his brother whom he said he brought to the Fire Substation.

Kelulau said his brother, identified later as the other defendant in the case, was stabbed at the house of Gloyd Martin.

The responding police officers discovered broken objects in front of the driveway and in the yard of Martin’s residence. They also found bloodstains on the driveway.

According to Martin, he was in the shower while his children were sleeping when he heard someone calling his name outside. Martin said he saw Kabrel standing in the garage. Kabrel allegedly told Martin that they are “prepared to kill him.”

Martin said that Kabrel took a machete from a jeep parked in the driveway. At that time, Petrus was in the driver’s seat.

Martin said he closed the door but saw his 7-year-old son walking out the kitchen door. Kabrel allegedly tried to stab the boy with the machete.

Martin said he ran after his son and brought him back inside the house, then grabbed a bush cutter from the kitchen floor and used it to counter Kabrel’s attacks.

He said he hit Kabrel with the tip of the bush cutter in his attempt to stop Kabrel from stabbing him and the fight ended in the garage. Martin told police that he hit Kabrel’s head with the bush cutter’s engine when Kabrel stepped forward to stab him.

Upon seeing his brother fall to the ground, Martin said that Petrus grabbed the machete and also tried to stab him. They struggled until Petrus hit himself on the garage post.

Martin said Petrus continued to attack him so he hit Petrus with the flat side of the machete, after which Petrus grabbed his brother and took him to the jeep.

Petrus shouted that that he would come back with a gun and kill Martin.

Martin told police that Kabrel had murdered his uncle in Palau a long time ago and had spent a long time in jail, and that Kabrel has a “problem” with Martin’s family.

Documents stated that Petrus was taken to the hospital before he was arrested and transported to the Department of Corrections about 2:21am Monday.

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