AMMUNITION CHARGE AGAINST ASI FALEFATU DROPPED

It’s unclear if the Attorney General’s office will refile the second criminal case against Asi Falefatu after District Court Judge Pro Temp, Fiti Sunia dismissed a single charge of unlawful possession of ammunition, following a preliminary examination hearing earlier this week.

Falefatu is one of the three men charged in connection with the armed robbery of the Gold Conda store in Faga’alu back in May of this year.

The single charge was filed after the Criminal Investigation Division executed a search warrant of Falefatu’s apartment for the second time and found a single case shell from a shot gun. CID was looking for the shotgun that was allegedly used in the armed robbery. During the PX hearing, CID Detective Sgt Filemoni Amituana’i testified that police had conducted two searches of Falefatu’s apartment, one time in May and once in August 2014.

During the search in May, the defendant’s wife and niece were present at the house. During the second search in August, no one was present at the house and a single bullet shell from a shotgun was allegedly found in a baby crib in the defendant’s room.

He explained that for the first search, the defendant’s wife had signed a consent form allowing the police to conduct the search, but for the second search they executed a search warrant, looking for a shotgun.

Assistant Attorney General Tiffany Oldfield asked the witness how he was sure it was the defendant’s bedroom in which the bullet was found.

He explained that inside that bedroom, were photos of the defendant and his wife, and pill bottles with his name on them. During cross examination, Sharron Rancourt asked the witness if the defendant had been served with the search warrant, and the officer replied no. She also asked if the police had found the shot gun/ ammunition during their first search in May, Detective Amituana’i said no.

Sunia noted that unlawful possession of firearms and firearm ammunition is a class C felony, and ruled that the court found there was probable cause that the defendant had in his possession the ammunition, however the second element of the charge — where the defendant is convicted of a dangerous felony within five years of his conviction — the government did not meet that element.

He said that what was presented to the court regarding defendant’s felony conviction was back in 2005, and given that it’s 2014 that five-year span does not meet this element, and dismissed this charge against Falefatu.

Assistant AG Oldfield argued the law says that it’s the first element OR the second element — there is an “or” in that particular statute. However Sunia said no, how the court reads the statute is that the “or” she’s referring to comes afterward.

Falefatu was charged with first-degree robbery and stealing in his involvement in the Gold Conda armed robbery, with his bail set at $100,000. His co-defendants, Alatuna Simi and Samuelu Wright, are each charged with first-degree robbery and stealing, however Wright faces additional charges of unlawful possession of a firearm and unlawful use of a weapon.

Asi was the last to appear in court, as he had been admitted into the hospital. The other defendants in this case have their matters pending in High Court.

MAN IN SEX CASE ENTERS GUILTY PLEA

Lawrence Sevaaetasi will be sentenced on Oct. 27, 2014 after he entered into a plea agreement with the government. Sevaaetasi was charged with sexual assault, endangering the welfare of a child and first degree sexual abuse. In a plea agreement, the defendant pleaded guilty to sexual abuse first degree while the government moved for the High Court to dismiss the remaining charges.

Associate Justice Lyle L. Richmond accepted the plea agreement in this case. According to the government’s case, this incident was reported to the police last year October, where the victim’s parents claimed that the defendant, who is 24, was having a sexual relationship with the victim, who’s 14 years of age.

Police spoke to the victim who said she received a call from the defendant (her boyfriend) the night before, for her to skip school and spend time to see him. The next day she went to the defendant’s house.

Court filings say the defendant asked the victim to have sex with him. Initially she did not want to, however the defendant told her that he loved her and wanted her to be his wife one day.

The mother told police that she found out about the incident because the bus driver who picked up the victim, called victim’s father informing him the girl was picked up from Tula and had not been in school.

A physical examination of the victim at the hospital confined she had sexual intercourse.