UPDATE: Charges dropped against tourist who was allegedly punched in the nose by businessman
BVI News Staff - Wednesday, May 23rd, 2012 at 8:40 AM
Magistrate's Court
The Crown has dropped the charges and released Mya Riether, the American tourist who allegedly provoked a business man and got her nose broken as a result.
In the Magistrate’s Court on May 22, Riether was very emotional when she was denied bail and queried how she may contact the US consulate or embassy.
Riether was arraigned jointly with Al Henley, the businessman she had the altercation with. She was charged with common assault and disorderly conduct and pleaded not guilty to both charges. Henley also pleaded not guilty to his charge of assault occasioning actual bodily harm.
The court heard that on Sunday, May 20, Riether left her hotel room and purchased a drink at Bobby’s supermarket sometime after 11 am. On the walk back she stopped at the Roadside Café and asked the bartender for some ice and a cup which was given to her. She allegedly enquired about the cleanliness of the ice because of the condition of the ice container cover.
The defendant, Henley, is said to have heard her enquiring and instructed the bartender to replace the ice in the container. An argument ensued at the bar as other persons began to voice their opinion, and Henley asked Riether to leave, but she refused.
An argument began between Henley and Riether, and the tourist allegedly took her drink, which was in a brown paper bag, and threw it at Henley, striking him in his chest.
Henley allegedly got up from his seat and struck her in the face with his fist, which caused her to fall backward. When she got up, he again struck her with a fist in her face and she fell into some plants. She sustained injuries to her nose, which was allegedly bleeding when she was helped to her feet by others and went to the Cane Garden Bay police station and made a report.
As a result officers conducted investigations and a medical form was filled out by Riether. A visit was made to the bar where the tourist pointed out Henley as the person who struck her. After caution, 47-year-old Henley said: “I was sitting here and this lady came and assaulted me so I pushed her and she fell.”
He was taken into police custody and arrested for assault occasioning actual bodily harm.”
Riether was treated at the Peebles Hospital for a broken nose, swelling to her forehead, multiple scratches to her left shoulder, neck and left leg. She was treated, prescribed medication and discharged.
On Sunday, May 20, in his interview, Henley repeated that he pushed the tourist after she struck him with a drink in his chest, and saw that she fell and when she got up she was bleeding from her nose.
In her caution statement, Riether allegedly said she threw her drink at Henley and he punched her in the face. She said she fell to the ground and he kept punching her, then she got up and he punched her again. The tourist added that some guys allegedly pulled Henley off and restrained him because he allegedly wanted to go at her again.
Crown Counsel Herbert Potter told the court that Riether was only to be in the territory for three days and is delayed because of the incident. The court also heard that the 32-year-old defendant wishes to leave the territory.
After tearfully begging the magistrate to have the matter end, Riether announced: “They told me I would only have to pay a fine…. I would plead guilty if I have to… I am guilty of throwing an empty bottle at Mr. Henley after he insulted me, that doesn’t bother me, but it was not a full bottle like the police are saying… I was hurt by that guy and he got to go, but I have to go to prison… I spent a night in jail. I assumed that would go towards my sentence.”
However, Magistrate Tamia Richards explained to Riether that it would be inappropriate to allow her to change her plea after she said “if I have to plead guilty I will.” The magistrate also explained that she was unable to grant bail because the defendant is a visitor to the territory and is therefore deemed a flight risk. She however assured the defendant who complained about the bench she had to be on in jail that she would be a little more comfortable at the Womens Centre.
Magistrate Richard had previously agreed for the matter to be given a short adjournment date to facilitate discussion at the DPP’s Chambers on how the matter was to be dealt with.
Henley was granted bail in the sum of $45,000 signed with one surety. He is to return on June 1.
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45 Comments
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I know Al and this is so out of character for him. So many people go nuts when out of their own country. Stupid but true.
That woman probably thought that she was back in time living in the USA under Jim crow law where she could insult and assault a black man and he would be hanging from a tree. She must have been enibriated to think she would get away with such nonsense. Mr. Henley should post a sign in his place of business that he “reserves the right to refuse service to anyone”.
You know that same woman was kicked out of Myetts and Rhymers in Cane Garden Bay for starting trouble. On Sunday wahen this all happened she was staying at Quitos and that same night she tore up quitos room and had to be reported to the police. The woman is crazy and need to get off this island.
Let us not confuse the facts. Any legal argument would make that point that the bottom line is; the young lady should not have hit Al with the bottle. By doing so, she instigated the hold matter and is considered the aggressor. Secondly, as a gentleman, Al should not have hit her. He should have reported her to the police and press charges. However, this is all being debated in hindsight. When emotions are high and the adrenalin is pumping, fight or flight mode takes over. Consequently, this is the end result. We have a young lady who asked for some ice, insulted the person who was going to give her the ice, refused to leave the establishment when asked to, and assaulted the owner. In retaliation the owner punched or pushed (depending on who you believe) his assailant.
To negate the fact that the young lady was the physical aggressor is to give all persons patronizing any business permission to assault anyone they please. Likewise, to negate the fact that Al did not handle the situation like a gentleman is sending the message that it is ok to hit women. However, let us not omit the fact that women should not hit men either.
To the individual(s) who are willing to boycott the business because of the incident, if you are condoning the young lady’s behavior, maybe you should not patronize that or any other business if you intend to behave that way, as the result may very well be the same. It is not likely that most people -local or not- are going to stand and be assaulted- tourist or not. For all the other people who are law abiding people, and want to come and have a good time in the BVI and patronize our businesses you are all invited. We would love to have you!
I think people are spending too much time worrying about the fact she is a tourist. In the eyes of the law, that should make no difference. There was an altercation – she threw a bottle at him, he punched her and broke her nose. Provocation is mitigation but not a defence, so they both seem guilty of assault. But because he seems to be guilty of assault occasioning actual bodily harm (broken nose) he will likely face a much more severe penalty even though he was reacting to her assault.
Legally speaking, the fact that one is a tourist and one is a local will make no difference at all.
I don’t know why residents are worried about how this will affect our tourism. Most tourists would agree that her behavior was inappropriate to say the least, and most tourist don’t behave that way. This was a provoked response, and all tourists need to know is that the people in the BVI are very friendly towards tourists, but the tourists MUST respect the residents if they want their vist to be fun and enjoyable. That should send a message to any tourist who feel that they can come to the islands and attack and disrespect people. The fact that Al allowed the bartender to give away his ice shows that he had nothing against the woman – she begged for what she got (although one fist was more than enough to send the message). I hope that the court can treat Al the same way as it treated a woman who thinks that she can throw missiles at people whenever she get angry at them.
He had a right to hit her. These women always making trouble and then crying wolf. I bet she wouldnt make that mistake again.
To Female
I guess your man does beat your a## up. Stupid!!!!
I doubt it I think she is civilized and does not cause altercations by throwing bottles unlike some of the other uncivilized people out there we read about.
It’s not fair that he has to return to court while while she goes away without any charges.
Shut up. Even though she threw something at him, doesn’t give him the right to keep beating up on her.
I know of wonderful bars in the US and anyone of them if she had pulled that stunt she would have been pulling a bouncer’s foot out her @$$. She cannot act that way in the US but wants to come show her self down here?? Monkey know which tree to climb she climbed one with fruits called fists. I bet in the future she will not see bottles flying and not hold onto her nose because of flashbacks..LOL!!!!
suppose that bottle or can had hit him in his face? Where else in the World she can try something like this?
its has been said that, men in Tortola love to beat up on the women, guess this just shows the truth, and to be insulted that can make any one get mad, Henley has a business, he should had not lost control, is that the way he is going to behave, every time he have a problem with some one,guess i will not be visiting the bvi any time soon this is too much
Thank you for contradicting your own self dip**t…..LOL!!!!!!! Being insulted can make anyone made? How about being hit with a bottle? So you sit and justify her actions in one statement but want to crucify him in another I wonder why?…LOL!!!! Is that the way she behaves when she is out throwing stuff at people who say things that she is not in agreement with??? Well if that is the case I see she will have a lot more buss nose in her future. Don’t come then because we are nobodies punching bags or foot stools. We have tourists come and we threat then with respect. Respect is shown to those who respect you, you have to give it receive it. You can save your high and mighty BS, some of you come with this mentality that we island folks supposed to take your abuse for the almighty dollar, we do not go to the church of Benjamin Franklin. Cause you know well you pull that stunt in a bar in New York, you will have a buncher pick you up and throw your behind outside on the curb. But for some reason you think island folks different that we must sit and take your abuse just for a few dollars??
I guess this proves that beggars can be choosers. Imagine you can go to a place ask and get something for free. Argue about it as if you paid money for it and are entitled to something, curse the owners out and cause a scene, refuse to leave, disturbing the owners other customers, hit the owner with a bottle, but because the country fears being shown on CNN by having an Ivory God talk bad about them she goes free and he has charges…SMH…only in Tortola…
This particular tourist has broken items, insulted persons and generally caused vendors and business owners discomfort just by seeing her approaching, and she is NOT the first tourist to do this! (Note, I said “tourist” not white. Other persons of differing races have been nuisances, because they believe just being a tourist gives them the right to be rude.)
I think repeated closed fists were over the top, and personally, I would have given her a good slap, but I am sure a member of the CGB community might say “We tolerated her over and over and over again. She had it coming.”
So because them is TOURIST them could talk to locals and treat people how they want? Why? Because we are on an island and are not civilized? A lot of them feel island people don’t need respect. Please.
If she thought the ice was dirty then all she had to say was she didn’t want it; Not thanks. she wasn’t PAYING for it she was ASKING for it, and receiving it for FREE the local bystanders was insulted, as I would have been; she was rude. So in my opinion she was also asking for that damn punch in her face. so…
Mama said knock you out. He should have knocked her the F*&# OUT!
I also wonder if these posts would have been different if she got her ass kick by another female.
Here we go again!!!! Ok we can stipulate that she did wrong…so? Is that is an excuse for this Big Guy to punch her in the face repeatedly. He ends with a “wet shirt” and she ends in the hospital and later in jail. There is one thing knows as “anger management” and other as “proportional reaction” and here it is obvious to me that there was only anger, but no management and no proportion. By your same mental process if a wife scream at her husband that is an excuse for him to knock her down? Just imagine for a moment that the opposite a “Big White Tourist” punching a local girl on her face just because she had an argument with him… What would be you reaction then assuming this other scenario? Sorry no excuses!
She did not get the Free ice after she questioned how clean it was, is that an excuse for her to hit someone showing a friendly gesture with a bottle??? She did not throw a cup, the report said what ever was is that bag that is not no cup, so cut the BS about him only getting a wet shirt. What she threw could have inflicted serious damage, he is lucky he only got it in his chest. Your simple mind is trying to compare a wife screaming to this??? Add while the wife screams she also flung a bottle and add the aspect that the wife did not belong at the venue and was asked to leave and refused and escalated the situation by throwing objects because SHE COULD NOT CONTROL HER TEMPER and you have a similar scenario.
The Truth , you are trying to distort the truth here. He did not punch the woman because she argued with him; he punched her in self defense AFTER she hit him with a bottle. She started the violence here. One can argue that his response was overly aggressive, but she satrted the whole thing; dont make it look like she is just a victim of some crazed Big Guy.
People sorry to say but this is not a matter of who started or who ended, or if she deserved or not. As I said many times now “she was wrong” but this my friends is a matter of us becoming better, this is a matter of “taking the high road” this is a matter of showing to this kind of people (tourist or locals) that we are on top of them in the “food chain” It is a shame that most of you can’t see what is evident to me.
Well she is not his wife, so therefore he has no emotional ties to her, so yea she was asking for it
This episode will be all over the tourist web sites. What makes it worse is this is a man punching a woman in the face!! A man, and a large one at that, breaking a woman’s nose. All oaround the world men assaulting women are viewed as the worst a man can be. A woman is physically the weaker sex and unlikely to know how to defend herself from a physical attack on herself. If this was two men involved in a fight then that is one thing but it’s a Tortolian man punching a woman in the face! It’s disgusting that a man would perform such an act of violence on a woman, provoked or not! The police station is across the street from the bar. Mr. Henley should have made himself known as the owner, asked to leave and if necessary gone to the station or called the police to have her removed from the premises. His violent act was not called for.
He did asked her to leave and she refused as was reported and got hit with a bottle for it….You getting something for free, you are not paying for it, you have a problem with it, so the man said okay bartender put it back, miss leave. What was she there refusing to leave for and then had the nerve to throw a bottle?? She da** well outta place.
we gonna boycott that business
So what? Go ahead then!
I find it hard to believe that you are white and are just trying to stir up trouble. I’ve heard the racist card played on that establishment many times. As a white lady, residing in CGB, I can tell you that although I don’t frequent the bar often, I have and found the owner and the patrons very nice people. There have been conversation where people of either race have become heated up and passionate about their opinions but it has nothing to do with race. It has to do with local issues and outsiders thinking their answer is the right one without consideration for the history and culture of what is being commented on. People become passionate when discussing issues very dear and near to their soul.
As for this disturbing altercation, I am far from condoning it, and I do think Mr. Henley should have been the real man and refrained from hitting a female. But none of us were there and some comments are that she was far from behaving like a lady on this and many other occassions. I can think of a couple of female tourists over the years that were a bit crazy and violent. Perhaps it is unfair that the instigator walks free and, although in reacting beyond what was necessary (and inappropriate as a man)the initial victim in the fight is charged and receives a substantial bail.
Based on what is being reported in the media, the tourist fling and hit the bar owner with her drinks. The bar owner put some fists on the tourist yet charges were dropped against the tourist and the bar owner had to post bail. Something is wrong with picture? Did we get the full story? Is preference being given to one party over another? Is not normal to defend oneself if attacked? Should not tourists show respect to get respect? Are tourists allowed to behave as they like because tourism is one of the economic twin pillars? Does not locals, residents, and visitors have an equal obligation to to respect and adhere to all laws? The jury is deliberating and we should expect just and fair verdict.
Ok we can stipulate that she did wrong…so? Is that is an excuse for this Big Guy to punch her in the face repeatedly. He ends with a “wet shirt” and she ends in the hospital and later in jail. There is one thing knows as “anger management” and other as “proportional reaction” and here it is obvious to me that there was anger, but no management and no proportion. By your same mental process if a wife scream at her husband that is an excuse for him to knock her down? Just imagine for a moment that the opposite a “Big White Tourist” punching a local girl on her face just because she had an argument with him… What would be you reaction assuming that scenario? Sorry no excuses!
I think you are missing the point. Did he walk up to the lady and punch her for no reason? Suppose that bottle had hit him in his face? Why didnt she leave when she was ask to?
yesterday when i read this it said that after she asked if the ice was clean the owner heard her and instructed the bartender to give her nothing. now it is saying somethin different. now it says he instructed the bartender to replace da ice, which 1 is it?
retract my comment. it was another site
ok I must admit that it must have been poor judgement on Al’s part to really thump her, but in all respect he has a right to strike back. its called defending yourself. Howeverhe doesn’t deserve jail time for this, i think the matter should be disposed off, or he is let out with a warning. case dismissed!
Henley lost control of himself and in a most cowardly way attacked a woman, breaking her nose, bruises and scratches all over. He needs to be taught a lesson… five years and keep the 45K bail!!
Not saying the woman was faultless either. The audacity of asking for ice and a cup when drinks were bought elsewhere is wrong – unless she paid for them, which it doesn’t say. Henley must have insulted her pretty badly for her to throw a bottle at him… again it doesn’t say
Same old, same old,now we are going to start arguing about who was right or who was wrong… The facts are that it can’t be too difficult for a physician to determine if this lady was knock repeatedly by a fist or if she just felt once on plants’ pot… More than that, where are the other people who were there and saw everything, they surely can testify. The reality is that this is a tourist (a lady)that for the rest of her life will talk trash about us and about our country and there is no tourism publicity that could combat that… I already can hear many of you telling me that I am just talking “sh..t” but the reality is that we are turning violent, aggressive, intolerant and racist… If she did wrong was a great opportunity to teach her a great lesson by doing us right, a missing opportunity
The Truth, all you are doing is just finding every possible avenue to villify Mr. Henley. He was wrong to REPEATEDLY fist the woman. But who really needs anger management here? She was the one to start all this rocus. You begged for some ice; it was not to your liking, just walk through the door and leave it there. She would not have gotten one fist. But she was the Big Bad White Wolf to launce an attack of the Big Black Guy! You have to understand that black people have been treated unfairly in the past by white people (and still happening today in many places), so for her to blaze the man a bottle in his chest would trigger a similar reaction from the typical black person, male or female. She is lucky that all she got was some fists rather than the bottle coming back at her with deadly force.
If the charges are dropped against the tourist then they have to be drop against Al.
The tourist is who started the whole thing.
This is what Tortola has become. The TB better save its money and not bother promoting a country that jails visitors for beeing punched in the face
You talking shit.
u dammm rite pure shit!
Come on people we can be better than this! if she did wrong that is not an excuse for us to be worst
Agreed! It will take another million to put us back in good standing with our visitors. Who knows if she was not intoxicated from alchol bought from that very bar the night before. We are already up a creek without a paddle and now Henley has added to the crisis by punching a hole in the bottom of the boat.
The thing is what most of you don’t know she has been arrested on another incident not relating to this. Destroying property at Ole Works Inn. She was kicked out of Rhymer’s Hotel and escorted out out Myetts restaurant so tell me she is not a trouble maker. So tell me who should be locked up now. Yes maybe it was wrong for Mr. Henley to punch her in the face but he was defending himself. I know Mr. Henley and it takes a lot to get him upset.
I agree
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