Pago Pago, AMERICAN SAMOA — A man accused of assaulting another man last year admitted his action to the court during a Change of Plea hearing last week.

Emelio Patu, who was released on his own recognizance, was initially charged with third-degree assault, public peace disturbance and trespass, all misdemeanors. However, under a plea agreement with the government, Patu pled guilty to the charge of third-degree assault, a class A misdemeanor, punishable by up to one year imprisonment, a fine of up to $1,000 or both.

Patu told the court that on Aug. 13, 2021 he assault Laki Sami by punching him in the face multiple times and kicking his back while he was on the ground, because he was really angry over what Sami did to his young brother, and that’s why he assaulted him.

When given the chance to address the court, Patu apologized for his actions and begged for a second chance to continue his service for his family. He also apologized to the victim, who he addressed as a ‘brother’. Patu said that he already apologized to the victim and his family, and the victim had accepted his apology.

Both attorneys recommended a probated sentence with anger and alcohol counseling for the defendant.

The court sentenced Patu to 12 months probation, subject to several conditions. He shall keep the peace at his residence at all times, stay clean from alcohol and illegal drugs, and he shall attend and complete anger and alcohol management programs.

He shall serve 30 days at the Territorial Correctional Facility (TCF), however, the court deferred all of his jail term, as long as he complies with conditions of his probation. The court also ordered Patu to pay a $100 fine within 30-days of his probation.

JOSEPH ALIIVAA

A man accused of cursing and causing disturbance in his neighborhood on Jan. 22, 2022 entered into a plea agreement with the government last week in District Court.

Joseph Aliivaa was originally charged with three misdemeanor courts of public peace disturbance, resisting arrest and escaping from confinement. However, under a plea agreement with the government, also accepted by the court, Aliivaa pled guilty to resisting arrest, a class A misdemeanor, punishable by up to one year in jail, a fine of up to $1,000 or both.

By his guilty plea, Aliivaa admits that on the night of Jan. 22, 2022, he disturbed the public peace at his neighborhood in Petesa. Furthermore, Aliivaa also admited that he was intoxicated on the night of the incident, and he also escaped from police while he was under their custody — twice.

Once when he was originally arrested and again when he requested medical assistance and EMS transported him to the hospital, and upon arrival fled the hospital before he could be treated by medical professionals. The defendant was later apprehended.

Both parties recommend a probated sentence without any jail term.

After reviewing facts of the case, the court sentenced Aliivaa to 6 months probation subject to several conditions.

The court ordered Aliivaa to pay a $100 fine within 30-days of his probation, and stay clean from alcohol and illegal drugs. He was ordered to serve 15 days at the TCF, however, the court deferred all of the jail term based on his good behavior.

As a condition of his probation, Aliivaa was ordered to secure and seek gainful employment.

FAIVA OLATAGA

A man accused of violating the drug laws of the territory has entered into a plea agreement with the government.

Faiva Olataga, who has been in custody since his arrest, unable to post a $5,000 surety bond appeared in court last week for his Change of Plea hearing.

Olataga was originally charged with one count of unlawful possession of a controlled substance, to wit; methamphetamine (meth), a felony punishable by not less than five or more than ten years in jail, and a fine of not less than $5,000 or more than $20,000, or both.

However, in a plea agreement with the government, Olataga pled guilty to unlawful possession of a controlled substance, to wit; meth. With his guilty plea, Olataga admits that on Aug. 25, 2021, he unlawfully possessed two glass pipes and two small baggies containing meth.

According to the case, Olataga’s vehicle was pulled over by police officers during a traffic stop in Malaeimi. During a body search of Olataga, officers discovered the illegal drugs on him.

When asked by police, Olataga said that he bought the two glass pipes and two small baggies from a man name “Jimmy” of Tafuna for $70. He further told police that the drugs were for his own personal use.

Olataga is scheduled to appear in court next month for sentencing.

TUMU LAVEA’I

Tumu Lavea’i of Tafuna was initially charged in two separate cases — in the first case he is charged with second-degree burglary, attempted burglary and stealing; and in the second case, with stealing and first-degree burglary.

However, in a plea agreement with the government and accepted by the High Court last week, Lavea’i pled guilty to two counts of stealing, while the remaining charges were dismissed.

Under the plea agreement, Lavea’i admits that on Nov. 23, 2021 he unlawfully entered a home in Tafuna at night and stole several items.

Furthermore, Lavea’i admits that two weeks later on Dec. 8, 2021, he unlawfully entered a store in Tafuna at night for the purpose of committing a crime. While he was inside the store, he stole cash and several items.

When questioned by police, Lavea’i admitted entering into the couple’s home and stealing several items.

While police were investigating the incident regarding the couple’s home in Tafuna, the owner of a store, also in the Tafuna area, contacted the Tafuna Police Substation (TPS) for assistance, regarding his store, which had been burglarized by an unknown person.

Police watched the footage captured from the store’s surveillance camera, and easily identified the person in the footage as the defendant.

When questioned by police, Lavea’i admitted to the store break-in.

Lavea’i, who has been in custody since his arrest last year, unable to post a $15,000 surety bond is scheduled to appear in court next month for sentencing.

MINUTE ALOFIPO

A man accused of unlawful possession of a glass pipe containing meth has pled guilty, after he was reported by a passenger in his taxi as buying what appeared to be meth.

Minute Alofipo appeared in court last month for a Change of Plea.

Alofipo, who was released on a $5,000 surety bond was initially charged with one count of unlawful possession of meth, a class D felony punishable by not less than 5 or more than 10 years, and a fine between $5,000 and $20,000.

A plea agreement with the government, has allowed Alofipo to plead guilty to a lesser, amended charge, a class D felony, punishable by up to 5 years in jail, a fine of up to $5,000 or both.

By his guilty plea, Alofipo admits that on July 28, 2021, he unlawfully possessed a glass pipe containing meth.

The government claimed that on the day of the incident, a male passenger contacted the TPS regarding Alofipos taxi, which he caught that morning. He told police that on their way to his work place, the driver stopped his taxi at a store in the Tafuna area beside a pickup truck. A man approached Alofipo’s taxi and spoke to him for few seconds before the man gave something to Alofipo while Alofipo was still sitting inside his taxi.

 The male passenger noticed that the object in Alofipo’s hand looked like a small stamp-sized baggie containing a white substance. Alofipo hid the object under his seat before they left the store.

After Alofipo dropped the male passenger at his work place, the passenger wrote down his taxi’s license plate number, before he called the police.

Police stopped Alofipo’s taxi in front of a store in Nuuuli, and after a brief conversation with police, he agreed to a search of his vehicle.

During the search, police discovered a small baggie containing meth hidden under the driver’s seat. When police officers asked Alofipo what was inside the small baggie, the defendant replied in Samoa, “o le pauta o le aisa” (it’s meth).