Japanese diplomat agrees to plea deal over wife abuse in U.S.

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  • 16

    kimuzukashiiiii

    I don't necessarily think its a good thing ... one year sounds very short for such horrific crimes against the poor woman.

    I hope she is able to move on with her life.

  • -27

    YuriOtani

    Ah he should of been covered by diplomatic immunity. It opens the way for there to be an end of such. Then a host nation can arrest a diplomatic person for any crime. While this is a vile criminal it opens Pandora's box. It would be an effective way to destroy diplomatic relations. Want to get rid of a diplomat, trump up some changes on them. In any case definition of diplomatic protection has been changed in recent years.

  • 16

    Newsman

    Yuri, when you have an example of trumped-up charges to show us, please let us know. Would you prefer to read a news story that said "Japanese diplomat in U.S. repeatedly assaults wife, stabbing her with screwdriver and knocking tooth out; U.S. declines to take any action whatsoever"?

  • 21

    hereforever

    17 felony offenses, 20 years to 1. When did they start using the Japanese judicial system in the states?

  • 6

    semperfi

    Domestic violence is endemic all over the world. . . . .But that is never an excuse for it . . . . .Japan - a leading nation in the FREE world needs to bring itself up to date on this crime . . . .There needs to be unamiguous laws for perpetrators, and the laws need to be ENFORCED . . . ... and the Government needs to provide apporpriate Counselling Services for BOTH victims and Perps, Safe Houses, and run ongoing education campaigns around DOMESTIC VIOLENCE .

  • 2

    paulinusa

    “He’s still in service in the mission,” he told AFP, declining to comment further. “So long as the process is ongoing, we don’t have any comment to make.”

    Well the ongoing process is that he's going to jail, so what's the comment on that?

  • 8

    Patrick Hattman

    Enjoy your year in jail, Nagaya-san. It's a shame you didn't get a longer sentence.

  • 1

    nyunt_shwe

    What a shame! I agree with Patrick that he should get much longer sentence. The Japanese government's evolvement to reduce this sentence from 20 years to one year shows Japanese Government has no moral fibre. I'm satisfied that such government was done with and Prime minister Noda's party failed in shame in recent election!

  • 5

    yokatta

    crazy, 20 years is about right for this guy.

  • 5

    Aristoman

    Well as you see... Everything is possible. Polititians and law system can easily change rules as it is convinience for them and their friends. It would be you or me ... There will be no mercy. 20 years.

  • 3

    qazwsx

    I remember the initial reports. The actions did NOT all take place in their residence.

    "happened in a diplomatic residence so it happened in Japan. "

  • 8

    smithinjapan

    The reduction of this man's sentence is far, far too much in my mind. I could see reducing it to half or maybe a little less, but dropping the assault with a deadly weapon -- the worst charge of the bunch -- is a bit much.

  • -8

    Ch1n4Sailor

    The 33-year-old could have been jailed for up to 20 years on the original charges.

    That's ridiculous, there's NO WAY he would have got anything more than 1 or 2 years, and probably just probation.

    Murders in California only get 5 - 7 years.

    I guess they mean, 'THEORETICALLY,' he could have received that kind of sentence.

    I will take a swipe at California's laws and judicial system (or any country's, city's, county's, state's laws / judicial systems are being wasted)

    How much money are they going to or have they wasted on bringing this case to trial...? When California has MUCH MUCH MUCH MUCH MUCH Bigger Crime problems to deal with... They could have taken care of this case in 2 days, if they applied half an ounce of common sense, and just booted the guy from the country and banned him from ever re-entering the U.S., Instead they wasted 7 months and thousands and thousands of dollars in tax payer money (when California is broke Big Time!).

    This is just as much a waste of government resources as using JCops to harrass pedestrians and bicycle riders, while turning a blind eye to organized crime.... Shame on you California!

  • 6

    ben4short

    Japan - a leading nation in the FREE world needs to bring itself up to date on this crime

    Amen, semperfi.

    Believe it or not, my Jp ex-wife used to say I was "unmanly" and "a chicken" for not hitting her when we used to argue. Sadly, physical abuse is a sign of masculinity (and also deep affection) to many unenlightened women, Japanese and otherwise.

  • 9

    FightingViking

    @Yuri

    Ah he should of been covered by diplomatic immunity

    Until very recently, one wouldn't even have needed diplomatic immunity in Japan. Had you tried to convince the police you had been abused, they would just say it was none of their business and to "go home". It is only very recently they have started to recognize the problem - but still don't quite understand it...

  • 9

    Reckless

    I think the most shocking part of this whole situation is that he hasn't been fired.

  • -13

    Kazuaki Shimazaki

    @YuriOtani I actually agree with this concern. Sure, the crime is rather heinous, but diplomatic immunity is such a time-honored principle for a very good reason, and I cannot say my eyebrows did not perk.

  • 4

    Kabukilover

    Twenty years would have been exactly right. I wonder why San Mateo Co. was so ready to plea bargain with this creep.

    Maybe he'll be one of Abe's advisors when he gets out.

  • -11

    Kazuaki Shimazaki

    @smithinjapan Such a large concession in a plea bargain could also indicate that the prosecutor isn't very confident in his case...

  • 2

    ka_chan

    It just means that California doesn't want to pay to keep him locked up. As of diplomatic immunity, Japan didn't ask for it. They gave him over to the US. Guess, they just didn't want to deal with it. Much easier to let him get convicted in the US and then dismiss him for having a criminal record. Done finished and no embarrassment on the home front.

  • -1

    ka_chan

    And no pension for the wife.

  • 3

    alladin

    He should have gotten the whole 20 years. there is no excuse for what he had done. I don't care if he is a diplomat or not, he should not be doing anything of the sort to anyone. In my eye's, he is a criminal!!!!

  • 0

    herefornow

    This is just as much a waste of government resources as using JCops to harrass pedestrians and bicycle riders, while turning a blind eye to organized crime.... Shame on you California!

    Ch1n4Sailor -- nonsense. Domestic violence is not even in the same league as harrassing pedestrians and bicycle riders and is an insult to victims of this kind of violence. Maybe if you had your tooth knocked out, got stabbed with a srewdriver and assaulted numerous times -- you did read that there were 17 felony offenses, right? -- you might not be so cavalier. Stopping this kind of sickness is NEVER a waste of government resources. Thank gosh California domestic violence laws are more enlightened than you.

  • 3

    jake123

    Lucky him, he knocked his wife teeth out instead of stealing 10Yen, or he would have been sentenced to 20 months in jial

  • 5

    Steve Mcgrew

    Assault with a deadly weapon is a very serious crime,.. This vile monster stabbed a woman, his wife no less, with a screwdriver and knocked out one of her teeth, the woman must have surely feared for her life. I remember seeing the initial news release about this attack,.this guy is the lowest of the low and has brought great disgrace upon Japan. I hope the powers that be in Japan have the good sense to insure this animal never again is allowed to hold any government post and I also hope that the good people of Japan will remember his name,face,and his dastardly behavior..He should be shunned by all upon his return to Japan. There are men like this in every society on earth but that does not mean we should not take a firm stand against those that engage in domestic violence,especially this degree of brutality.

  • 1

    wanderlust

    He'll probably remain in the diplomatic service, and be re-assigned to a lesser consulate elsewhere in the world. His case has hardly been mentioned in the Japanese media, and regrettably, cover-ups are part and parcel of life here, plus there foreign ministry has so many temporary staff working there on short-term contracts, that they would not remember who he is or what he has done.

  • 0

    badsey3

    http://www.sfexaminer.com/local/crime/2012/12/revelations-indicate-japanese-diplomat-yoshiaki-nagaya-and-wife-were-combative

    I didn't even want to look into this (and I know that many Japanese Women are looking at this!). -But if you are in a abusive relationship -please leave. =You cannot build a family on a relationship like this and it is much better if you separate and try something/someone else.

    =If you cannot see yourself long-term and building your family from your man -you need to leave and start again. Don't give up on love, but sometimes females do get it wrong (poor choice etc.) It is ok!, eventually you will get it right. Stories like this at Christmas time are the worst -a time when you should be thinking about your family.

  • 0

    NissanNostalgia

    Well put Steve.

  • 0

    Weasel

    A lot can happen in the big house in just one year. Karma has a strange way of working its magic.

  • -2

    basroil

    hereforeverDec. 22, 2012 - 08:08AM JST

    17 felony offenses, 20 years to 1. When did they start using the Japanese judicial system in the states?

    If it was in Japan, there wouldn't have even been a case in the first place.

  • 0

    jjss5324mx@hotmail.com

    This affair isn't a rare case. The violence against womans still shows the japanese androcentric culture. There is several marriages of japanese mans with latinamerican womans . The regular treatment to those womans is very discriminatory or directly violent. I hope that this notice can help to those womans to use the legal framework to defend their dignity.

  • 1

    Kapuna

    He may not even have to serve the one year term. He will most likely be reassigned to Japan. Hope the wife gets some kind of compensation for her pain.

  • 1

    Goals0

    Hmm. As often the case is a bit more complex. One might think the two should have been locked up.

    The following is about the tooth. It fell out days after the assault.

    Another time, she said an upper molar fell from her mouth while eating days after an assault in which she was struck >and he placed his hand over her mouth so she couldn’t breathe.

    http://archives.smdailyjournal.com/article_preview.php?id=1754083

  • 0

    BurakuminDes

    What a disgusting excuse for a human being. Hope he cops it in prison. Shame on Japan for refusing to terminate or suspend this maggot's employment. I just hope the poor woman is OK - no doubt she suffered many years of abuse from this little coward.

  • 0

    badsey3

    http://archives.smdailyjournal.com/article_preview.php?id=1754083 (thanx Goals0)

    She did admit leaving 114 text messages on her husband’s phone after he left her alone at the airport and 32 times in a six-minute span leaving voice mail messages saying “I wish I didn’t get married.”

    -that is amazing and only a scorned Woman would do something like that. Women need to listen to their intuition more and seek a new direction when they feel something is awry. Married Women will take it to the end though (=total 100% commitment (Till Death Do Us Part)). -and I appreciate that about Women (fighting!!)

  • 1

    Tom DeMicke

    Epic Fail!

  • -8

    YuriOtani

    There is a bigger picture to this story. This is the 2nd time the US has used a crime like this to remove diplomatic protection. They use a case like this to destroy what use to be taken for granted. So you have a vile criminal who should be judged in Japan but all people see is one aspect of the story. There is more to this story but what?

  • -1

    cramp

    holy crap he's a violent dude...i just thought that juswt bcoz he thinks he can slap his shorty around in jpn don't it'll fly in sanfran but dang, he's a real gangsta

  • -3

    tmarie

    This guy should get more than one year. The wife also seems like a nutcase but after being married to a guy that beat her, not hard to see why.

  • 0

    virgo

    You are wrong Yuri. Stop trying to muddle up this issue. I agree in certain amounts of diplomatic immunity also but when something is just obvious and the proof is right before your eyes should you ignore it and say "diplomatic"? If he slapped her face and she was not hurt (as much as it sux to say) you might have a case..and we could recommend whatever we wanted to the Japanese government. but he went beyond..he crossed the line. I am not saying that slapping her is good but there has to be a level where a "diplomat" can't count on safety from immunity. Like attempted murder. Or beating your wife on a regular. He is not just at work. He is also walking our streets, eating at our restaurants, enjoying San Francisco. What happens went he punches her in the face in front of kids? "Mommy was the bad man punished? No honey he was a diplomat so it's oK".

  • -6

    YuriOtani

    I do agree he is a threat to society and he needs to do time in prison. The problem is he is a diplomat first and while punishing him is a very good thing it lets the camels nose into the tent. It always starts this way for a good reason.

    Again why this was a good prosecution it sets a dangerous precedence. Other diplomats can be arrested for breaking US law like drunk in public, motor vehicle violations, spying, seduction, etc. Is this a way to control the actions of diplomats? All of my years of government service has given me a suspicious mind. I do not take anything at face value.

    What happens if he is hurt or killed in a US jail?

  • 3

    Wonbatto

    This is the 2nd time the US has used a crime like this to remove diplomatic protection.

    The US (or any host country) can't unilaterally remove diplomatic protection. Either an official is covered, or he isn't. If there were any question as to whether an official should be covered by diplomatic immunity, the official's home country (Japan, in this case) would protest vigorously. It doesn't sound like this was the case here. Only the highest level diplomats have full immunity.

  • -1

    virgo

    If he is hurt or killed in a US jail. He dies. Simple as that. Should of thought of that before stabbing his wife. How many diplomats do stupid things because they know they can? Many in the US understand it but many also don't want it to be all encompassing. Diplomats break laws regularly in New York. If caught by a low level cop, at least the FBI or CIA should have the power to get involved. And yes they should pay for all traffic violations too. That isn't jail time but it should be paid.

  • 0

    Faderkinta

    I agree with Yuri. If you start prosecuting people you maybe right that person may need it. Then when your diplomats are somewhere and being accused of a crime they may not have done where are you. People could start arresting dipolmats to interrogate them but covering it under he broke laws. Diplomatic Immunity is a pain but it is one that is there for good reason. Now when the bastard is brought back to Japan it should be up to his country to punish him.

  • 0

    Wonbatto

    Diplomatic Immunity is a pain but it is one that is there for good reason.

    If the official in question were indeed covered by diplomatic immunity, and the US had prosecuted the official over Japan's objection and assertion of immunity, then I would for sure be with you in condemning the prosecution. Diplomatic protection exists for a lot of good reasons, and it should be upheld no matter how heinous the alleged crime. But that's not what is happening here. I haven't read in any of these stories that the Japanese government asserted that this official should have immunity.

    If the official has immunity, and is suspected of a serious crime, he is usually declared persona non grata and expelled from the host country. But if the home and host country agree that immunity doesn't apply, then it's up to the local authorities to prosecute.

  • 0

    Thunderbird2

    A U.S.-based Japanese diplomat charged with domestic violence has reached a plea deal in the case, reducing his maximum sentence from 20 years to one year, prosecutors said Friday.

    Are they kidding? So the ba$tard admits his guilt and gets a year?

  • 0

    Reckless

    If you read the sf chronicle article it provides more balance. Apparently they beat the crap out of each other...

  • -4

    YuriOtani

    Interesting article and shows another flaw with charging him in the USA, overblown charges. They were in an abusive marriage and it is interesting she was not charged as well. The story said the wife called it “mutual combat” and she says it on tape. Perhaps the US government wanted to put him down for a reason. This domestic abuse is the perfect method.

  • -2

    Ayler

    And Wagstaffe is who?

  • 0

    cracaphat

    Some people just love to spout rubbish on the comp to either get thumbs down or for unnecessary argument's sake.But any woman trying to defend the husband wouldn't say that if it was their ass getting whooped.Yeah the wife went looking for trouble and probably instigated the fisticuffs,but the husband lost his temper too many times. And of course,he messed up big time.But after only 2 years of marriage and without a child...what stopped her from leaving him?

  • -1

    Crazedinjapan

    It's pathetic. If it was anyone else without that political connection outside the country they'd have a minimum of 5 years. He should do 100% of his time and in general population !

  • 0

    Noliving

    The story said the wife called it “mutual combat” and she says it on tape. Perhaps the US government wanted to put him down for a reason. This domestic abuse is the perfect method.

    Ya but were the injuries mutual? How do you know all the wife did was slap him and he retaliated by taking a screw driver and knocking out some teeth? That then brings up the next question did the husband have any visible injuries?

  • 0

    Newsman

    Contrary to your post, Yuri, "seduction" is not a crime in the U.S. and therefore cannot be prosecuted.

    There are many reasons why there are differences between misdemeanors and felonies, and why diplomatic immunity should override any misdemeanor charges. If a diplomat is drunk in public or has a motor vehicle violation, I can see some latitude for overlooking the offense. Spying? Hey, everybody spies, so if a country ever wanted to arrest another country's spy, I'm sure the second country could quickly round up one in return.

    But ignoring assault? My feeling is that this diplomat's arrest and prosecution are a nice bookend to Japan's desire to arrest and charge U.S. servicemen accused of rape, manslaughter, and murder. I feel certain that no one on this thread would defend any serviceman proven to have committed a felony in Japan, but by the same token no one should feel sympathy for any Japanese diplomat convicted of assault and battery.

    The woman was a U.S. resident. If she could not turn to the U.S. government for protection, exactly what was she supposed to do? Suck it up until the day she was beaten to death?

  • -3

    YuriOtani

    Newsman so she is not Japanese and traveling on a diplomatic passport? Families of diplomats are not ordinary residents. She is NOT an resident of the USA.

    Meant to write sedition, which the USA can claim. Once the diplomats are subject to interrogation and imprisonment their usefulness is limited. You do understand that diplomatic status is exchanged and I expect the next American diplomat in Japan to mess up will be prosecuted under the fullest extent of the law. That is how politics works, if the Americans do not respect the diplomatic immunity of Japanese diplomats then Japan will not respect the diplomatic immunity of American diplomats.

    The American service people in Japan do not have diplomatic immunity. How can you compare them with diplomatic persons? Again by doing this the USA risks the diplomatic immunity of their own people.

  • 0

    Milton Bell

    YuriOtani: Ah he should of been covered by diplomatic immunity.

    The Japan Daily Press website http://www.japantimes.co.jp/text/nn20121223a6.html reported "U.S. authorities said that his vice consul status did not afford him immunity from prosecution for crimes unrelated to his diplomatic work, such as the domestic violence charges." An earlier, 09 May 2012, JDP article also reported that Michio Harada, a deputy consul, made a statement that "Nagaya would remain on staff. However, due to the crime not being related to the official’s work, the consulate would not be providing any legal support to Nagaya, and he would need to find his own lawyer." A restraining order was also filed, prohibiting the diplomat from making any contact with his wife.

  • -1

    nsv

    What did the victim say about reduction in punishment.In Japan if the wife withdraws her complaint, the man goes scot free.

  • 0

    nikku510

    Yuri, I think you should admit defeat regarding this argument. It wouldn't be any different if it it was an American who did the same thing in japan. And who cares what happens to him in American prison. He might get a new boyfriend.

  • 1

    virgo

    Yuri why do you defend a man whom your own country did not defend? Don't you have sympathy for a beaten woman? Even if she is crazy do you support the crime?

  • 1

    Poke

    I thought that this guy was scum, a complete monster, and so can understand the piling on here. But then I read some more substantial local media reports on the case. I don't know what to believe, but my feeling has softened a bit. It sounds like it was an awful relationship for both sides. They married too quickly (possibly so that she could accompany him to the U.S.) and weren't all that compatible. He's probably not a great prize, but the wife also sounds completely crazy. She was also jealous and violent. And she refused to answer some questions in court, saying the consulate told her not to (as if that's like invoking the 5th)--these were issues that would make the consulate look bad. The husband might have been having an affair with a fellow vice consul, which enraged the wife and led to some violence between the two. There's also been suggestions that some of the vilest charges are quite trumped up. He stabbed her with a screwdriver...or did he poke her in the hand with a 1 inch screwdriver they both used to open the door. And yeah, the alternative story is that her rotten tooth fell out when eating a few days after the fight. Who knows. Sounds like the marriage was a mistake, and maybe they should just try to get over it and move on.

  • 1

    Royblack

    He deserves 25 years in jail and his job should be taken away.

  • -1

    bajhista65

    Wow! just domestic violence? one year reduced sentence? Btw, is stabbing not an attempt to kill her?

  • 1

    Milton Bell

    YuriOtani: "I expect the next American diplomat in Japan to mess up will be prosecuted under the fullest extent of the law."

    According an explanation of diplomatic immunity at http://legal-dictionary.thefreedictionary.com/Diplomatic+Immunity, several levels of immunity are granted: the higher the rank, the greater the immunity. Diplomatic Agents and their immediate families have the most protection and are immune from criminal prosecution and civil lawsuits. The lowest level of protection is granted to embassy and consular employees, who receive immunity only for acts that are part of their official duties—for example, they cannot be forced to testify in court about the actions of the people they work with. The Diplomatic Relations Act of 1978 [22 U.S.C.A. § 254a et seq.] follows the principles introduced by the Vienna conventions. Further, if a person with immunity is alleged to have committed a crime or faces a civil lawsuit, the department of state alerts the government that the diplomat works for. The Department of State also asks the home country to waive immunity of the alleged offender so that the complaint can be moved to the courts. If immunity is not waived, prosecution cannot be undertaken. However, the Department of State still has the discretion to ask the diplomat to withdraw from her or his duties in the United States.

    Possibly, Japan waived all diplomatic protection for Nagaya in return for the plea deal and minimum jail time.

  • -1

    nsv

    But he voiced satisfaction with the plea deal, saying: “It’s a good resolution of the case, we’re very pleased.”This is Japanese way to solve rape,felony,bottom pinching,etc.

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