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SALT LAKE CITY — The final defendant charged in the assault case of David James "DJ" Bell and his partner, Dan Fair, resolved her case Monday.
Lisa Aiono, 27, entered a plea in abeyance to one count of attempted riot, which was amended to a class A misdemeanor from a third-degree felony, before 3rd District Judge Robert Faust.
As part of her plea agreement, the woman will not serve any jail time beyond the 14 days she has already served. She will not pay restitution or court costs and will not be required to take any classes. She is on 12 months probation.
"She got what she wanted out of this deal," defense attorney Clayton Simms said. "A year from now, this is going to be dismissed. Rather than going to trial, she can control her fate."
She got what she wanted out of this deal. A year from now, this is going to be dismissed. Rather than going to trial, she can control her fate.
–Clayton Simms
Aiono was one of several people charged in connection with the July 4, 2008, incident that left Bell and Fair with extensive injuries. Bell said he found two young children — one of them Aiono's then-4-year-old son — whose parents were at a nearby party wandering around. Bell said he allowed them to come in his home.
When the children's parents realized the children were missing, they apparently panicked and went to Bell's home, attacking Bell and Fair. Simms said Aiono's involvement, though, wasn't physical.
"(Aiono) reacted as any parent would if their child was missing," he said. "She admits to yelling at who took her kids."
Bell was later charged with kidnapping but was acquitted in a jury trial.
Prosecutor Michael Boehm said Bell and Fair agreed to the terms of Aiono's plea because of "her truthfulness and honesty in the other trial."
This was reiterated by Simms, who said that his client has told the truth from the beginning. She entered an Alford plea, which means she acknowledges there is enough evidence to potentially be convicted at trial while still maintaining her innocence.
"This has been a long road and we've been fighting this for quite a long time," Simms said. "She's just pleased to put it put it behind her."
The state didn't ask for restitution because Aiono is in a long-term relationship with another defendant who was sentenced to prison and ordered to pay restitution in the case.
Ricky Peace, 35, Ieti Mageo, 34, and Ietitaia Tavita Nuusila, 27, previously pleaded guilty to reduced charges of aggravated burglary, aggravated assault and rioting, all third-degree felonies. They were each sentenced Monday to zero to five years for each count, but 3rd District Judge Randall Skanchy ordered the sentences to be served concurrently.
They were also ordered to pay restitution in the amount of $14,865 to Bell and Fair.
Tapululululu Latu, 31, was sentenced to 365 days in jail for attempted riot, a class A misdemeanor, but 180 days of her sentence was suspended. She will spend two years on probation when released.
Marsha Ray Finau, 31, pleaded guilty to a reduced charge of riot, a class B misdemeanor. She was ordered at the time she entered her plea to pay restitution.
Angelina Janae Dibella, 32, initially faced charges of riot, a third-degree felony, and assault, a class A misdemeanor. Those charges were dismissed.
Email: emorgan@ksl.com
