David Brown is facing charges of first degree burglary, second degree assault and property damage on allegations that he broke into a store in Ili’ili and attempted to stab the store owner.
The burglary count is a class B felony, punishable from five to 15 years, while the second degree assault is a class D felony that carries a jail term of up to five years, a fine of up to $5,000 or both, while the property damage count is a class B misdemeanor punishable with up to six months in jail, a fine of up to $500 or both.
Brown who’s held on bail of $20,000 is represented by Assistant Public Defender Mike White while prosecuting is Assistant Attorney General Camille Philippe. According to the government’s case, on Feb. 9, 2013 in the wee hours of the morning, police received a call from a Chinese couple requesting assistance regarding a burglary taking place.
Police responded to the call and Police Officer Tupulua Tagaloa was assigned to investigate this matter. It’s alleged the police arrived at the scene and were told by a bystander that two men were inside the store, and when police entered the store, the pair inside took off on foot.
When police spoke to the Chinese couple, the man said they were sleeping when they heard noises coming from the store and were surprised to open the door wherein one of the suspects swung a knife at the man and missed and the knife landed on the door. The man managed to immediately get back into his bedroom, locked the door and sought assistance from police and the landlord.
According to the government’s case, the suspects gained entrance into the store by removing three wooden slabs on the side of the store and kicking in the kitchen door. It's alleged there were two cleaver knives in the kitchen that were missing after the burglary and one was later identified to be used during the burglary.
Police on the day in question drove around the Ili’ili area and came across two men that matched the description given by the Chinese couple.
It's alleged that when the police approached the pair, one took off on foot and the police were unable to capture him, while Brown was unable to run away.
The defendant informed police that he had just met the suspect that took off on foot. Court filings say that Brown told police the suspect had come to his house in Nu’uuli telling him they were going to break into the store.
Brown further stated that the other suspect planned the entire operation and had walked there from Nu’uuli, through Petesa and Happy Valley and all the way to Ili’ili. Brown said they got to Ili’ili and the other suspect went into the store and came out with a flashlight and then they both went into the store.
It's alleged that the other suspect kicked in the kitchen door to enter the store and was trying to get through another door but they were unsuccessful. Brown said it was the other suspect who held the knife. Brown made his initial appearance in the District Court earlier this week.
SEXUAL CASE IN HIGH COURT
The government has charged a 26-year-old man accused of impregnating a 16-year-old girl. Wesley Motuliki is charged with rape, a class B felony punishable from five to 15 years in jail, sexual abuse first degree, a class D felony punishable up to five years in jail, a fine of up $5,000 and endangering the welfare of child, a class A misdemeanor which carries a jail term up to one year in jail, a fine of up to $1,000 or both.
The defendant made his initial appearance in District Court earlier this week and is held on bail of $50,000. The incident came to light when the girl’s grandfather filed a complaint with police on Feb. 5, 2013. Court filings say the grandparents informed police that the girl had been living with her mother, and then came to live with them.
It’s alleged the girl felt ill and was taken to the hospital, where physicians informed the grandparents that the girl was five months pregnant. Court filings say, the girl’s mother told the grandparents that the girl had sexual intercourse with Motuliki in August 2012, and it was reported to police, however when the police officers failed to respond to the call, the family decided to resolve the matters privately and told the girl and Motuliki to refrain from further engaging in sexual intercourse.
However the family was surprised to learn the girl was pregnant. According to the government’s case, the girl told police that she met the defendant in January and had sex with defendant for the first time in April 2012. She alleged they only met monthly to have sex until September, and then they slept together nearly every night.
The girl told police that initially the defendant told her that he didn’t want to engage in sexual intercourse with her because he was afraid, and he didn’t want to be arrested. Upon questioning by police, the defendant admitted to having sex with the girl when she was 16 years old.
TAUMALOTO SENTENCED TO 20 MONTHS IN JAIL
Chief Justice Michael Kruse sentenced Taumaloto Aiava to 20 months in jail, as part of his five-year sentence. Aiava pleaded guilty to second degree assault for striking another man with a tire iron, then apologized for his actions, said he was remorseful and asked the court to give him another chance.
Kruse sentenced the defendant to five years in jail, however execution of sentence is suspended and the defendant is placed on probation for five years under certain conditions. The defendant was sentenced to 20 months in jail, without any release what-so-ever.
He’s been ordered to undergo anger management counseling and must remain a law abiding citizen.
According to the government’s case, the assault occurred at Samoana High School, when the victim came by to pick up his daughter from volleyball practice and was approached by the defendant.