Written By Kassi Berg
Less that 48 hours after Senator Baules was found in violation of his probation in Criminal Case No. 11-122, the Government is seeking his arrest anew.
The Government alleges that on October 17, 2012 at approximately 9:50 a.m., Baules struck a patient of the Bureau of Behavioral Health, Kenheart Andrew, with a metal chair at the Did Ra Ngmatel (Blue Bay) gas station leaving Kenheart on the ground bleeding from his head.
The Affidavit of Probable Cause filed with the Court on October 17, 2012 alleges that Baules told the police officer that Kenheart punched him in the head and that he could “ask around about why Kenheart was bleeding.” However, none of the witnesses at the gas station would comment on the events of that morning except for Rhodas Ngirengkloi. Ngirengkloi explained that Kenheart struck Baules first and then “speculated” that Kenheart was bleeding from his head because he might have “tripped and fell on the floor.” Ngirengkloi made no mention to the police officer of Baules’ alleged retaliatory attack.
Kenheart was taken from the gas station by ambulance to the hospital. When interviewed at the hospital, by the investigating officer, Kenheart told the officer that he struck the Senator first and thereafter was restrained. He then explained that Senator Baules pushed him to the floor and struck him three times with the metal chair. Kenheart’s injury includes a “gash on the crown of his head [that] … required several stitches.”
The investigating officer took a statement from Duet Viola Toribiong who was present at the gas station and later agreed to provide her account of the events. She explained that she could not hear the words exchanged between Kenheart and Baules. She did see that Kenheart first punched Baules with his fist two or three times before he was restrained. As Kenheart was being pulled away from Baules, she explained, that Kenheart tripped over a chair and fell to the floor. As he was being helped up, Senator Baules took a “chair by the backrest and hit Kenheart in the head with the chair as Kenheart was lying on the floor in front of him. “ She then saw Baules continue to strike Kenheart with the chair, even while Kenheart was “immobilized” on the floor. After this second strike she saw “blood squirting from Kenheart.” While Kenheart was bleeding, she saw Senator “sit back in his chair, pull out a comb, and start combing his hair . . . .”
The Attorney General’s Office alleges that striking a man who is on the floor with a metal chair constitutes “assault and battery” which is a violation of Baules’ 3 year and 3 month probation for his prior 7-count Assault and Battery case.
On October 15, 2012, just two days before this incident, Senator Baules had assured Judge Materne in open Court that she would never see him in her Courtroom again. Judge Materne warned that if she did, she would remand Baules to custody for the entire period of his probation.