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Posted at 5:12 p.m., Sunday, December 16, 2007

Maui man gets 11 years for slashing wife's face

By Lila Fujimoto
The Maui News

WAILUKU – When she was stabbed in the face nine times during a drunken argument at an Olowalu beach campsite, a woman suffered three potentially fatal wounds, almost losing an eye and ear, a deputy prosecutor said.

On Thursday in 2nd Circuit Court, the woman's husband, Senita Tuivailala, was sentenced to 11 years in prison for the June 16 assault and an earlier incident of abuse of his wife.

Second Circuit Judge Joseph Cardoza imposed the sentence, citing the "extreme nature of the conduct."

In October, testimony was about to begin in a trial for 22-year-old Tuivailala when he pleaded no contest as charged to first-degree assault of his wife, Elitisi Tuivailala.

The couple had been drinking and arguing the night before, witnesses said. On June 16, Senita Tuivailala was dropped off before 6 a.m. at the couple's campsite near Mile Marker 14 in Olowalu, the witnesses said. At about 10:30 a.m., he borrowed a cellular telephone from beachgoers to call 911 to report what he said was a suicide attempt by his 22-year-old wife.

The woman also told police she had injured herself.

But Dr. Peter Galpin, a plastic and reconstructive surgeon who treated Elitisi Tuivailala, found that the injuries included defensive wounds that couldn't have been self-inflicted, according to Deputy Prosecutor Melinda Mendes.

Mendes said the doctor reported that two wounds to the sides of the woman's mouth nearly hit an artery and her eyelid was cut apart by another potentially fatal injury.

"He advised me this was the worst maiming he had seen to somebody's face while she was still alive," Mendes said.

"In this case, the defendant tortured and almost killed his wife."

At the time, Tuivailala was on probation after being convicted of abusing his wife by hitting her with a stick while she was pregnant with their second child, Mendes said.

"He was on probation for doing harm to his wife and child," Mendes said. "Within six months, he's almost killing her."

While Mendes recommended prison for Tuivailala, Deputy Public Defender Jon Apo argued for probation. He said the prosecution had presented an "inflated view" of what happened, disputing the claim that Tuivailala had tortured his wife.

"This is an abuse case, which is an extreme one, and my client has taken responsibility for it," Apo said. "He hopes to change his life.

"He didn't have to call the police. He did."

Tuivailala wouldn't benefit from being in prison, Apo said, but would likely do well if released on probation to work building rock walls with a relative.

In court Thursday, Tuivailala's wife joined his cousin and a friend in asking for mercy.

"This incident happened when we were both drunk," said Elitisi Tuivailala, who has scars from the stabbing. "When you are drunk, you're not really yourself.

"He's a good man. He was always there and supporting our family."

"I know myself," Senita Tuivailala said. "I'm not a bad person."

Cardoza said he had "serious concerns" about the safety of Tuivailala's family and the community.

"The reality is this is an extremely dangerous situation that caused serious injury to another human being," the judge said. "It's just too dangerous a situation to not proceed with extreme caution."

Cardoza ordered that Tuivailala serve a 10-year prison term for first-degree assault after he completes a one-year jail term for his prior abuse conviction.

After the sentence was imposed, Tuivailala asked the judge if he could change his plea.

"I would like to change my plea," he said. "I want to take this to trial."

Apo said he would talk to Tuivailala and file any appropriate motions in the case.

Lila Fujimoto can be reached at lfujimoto@mauinews.com.

For more Maui news, visit The Maui News.