Three of the men who attacked two police officers in the early morning of July 19, which resulted in the fatal police-shooting of SwenTkel, have been charged with assault in the Palau Supreme Court.
Based on the affidavit of the police investigator, the Court has determined that Officer Hubert Amalei, who fatally shot SwenTkel, acted in self-defense, and is not charged.
The three Defendants, CaladanTkel, Klipper T. Ngoriakl, and CashmireKapileo, who were all allegedly part of the group who assaulted the two officers, are charged on five counts among them, including assault against a law enforcement officer, hindering prosecution, criminal property damage, resisting arrest, and disorderly conduct. Assault against a law enforcement officer and hindering prosecution are both Class C felonies, which could each carry a sentence of one to five years imprisonment and a fine of up to $10,000. The other three charges are misdemeanors, each punishable by up to 30 days imprisonment.
According to Detective Harvey Takeshi’s affidavit, the assault occurred in response to the attempted arrest of Tyler Itelmong at the intersection between KR Hardware and former One Nation Store in Koror, at around 2:00 in the morning. The police station had received a prior report from Ms. Jackie Kemesong that a group of intoxicated individuals had thrown a beer can at her car. Officers Hubert Amalei and GinrichEsebei arrived at the scene as an altercation was beginning between Ms. Kemesong and the group of intoxicated individuals.
The affidavit states that Officer Amalei was handcuffing Tyler Itelmong, one of the intoxicated individuals, when members of his group, as well as others who were across the street, joined in an assault against the officers in order to prevent the arrest of Mr. Itelmong. Officer Amalei identified the men who attacked him as SwenTkel, KlipperNoriakl, CashmireKapileo, and CaladanTkel, as well as Tyler Itelmong, who resisted arrest. The officer was reportedly choked, punched, and kicked.
The affidavit states that SwenTkel had armed himself with a rock and was approaching Officer Esebei, who was on the ground struggling to restrain CaladanTkel, as if to strike him with it. Both officers allege that Officer Amalei warned SwenTkel to stop several times, and that SwenTkel continued to advance on Officer Esebei despite these warnings, before Officer Amalei shot SwenTkel.
After being wounded by the shot, SwenTkel was taken to the emergency room at Belau National Hospital, but died shortly after.
The affidavit states that the other men surrendered following the gunshot.
Eyewitness accounts confirm that the two officers were assaulted while intervening in the altercation, and that the officers were outnumbered.
Investigations revealed that all of the intoxicated individuals had travelled from Ngchesar to Koror together in a white flat-bed, and were buying beer from LM2 store when the altercation began.
The trial for the three defendants is set to begin on September 9. Tyler Itelmong, who is a minor, is not being charged with the other three.
Men who attacked officers charged with assault
