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American Samoa courts dealing with offenses including drug use, robbery, PPD, parole violations — just a tip of the iceberg last week

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reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — A man who was out on bond was remanded back to custody last week after he tested positive for meth, during a random test administered by Probation.

Ronald Pickering, who is facing drug charges, appeared in High Court last Friday for an Order to Show Cause (OSC) hearing on Contempt of Court Order.

Chief Justice Michael Kruse said based on a report from the Probation Office, the defendant violated a condition of his bond release, which required him to remain clean at all times. Kruse said the defendant failed his urinalysis.

The Chief Justice ordered that Pickering be returned to the TCF,  to await his preliminary hearing which is set for Wednesday, Feb. 27.

DAVID FO’A

A young man who is accused of escaping from confinement while serving a 30-year sentence for robbing 9 Asian stores — including a store in Malaeimi at gunpoint — is asking the court to set his new case for trial.

David Fo’a, represented by Assistant Public Defender Rob McNeill, appeared before Chief Justice Michael Kruse last Friday for a pretrial conference. Prosecuting the case is Assistant Attorney General Christy Dunn.

McNeill informed the court that they have received all discovery from the government, including an offer; however, after reviewing the facts of the case, they have been unable to reach an agreement. He then asked the court to set his client’s case for trial.

The new allegation stems from an incident that occurred last April. The government alleges that Fo’a left the Territorial Correctional Facility (TCF) without permission from the court. Fo’a has vehemently denied the allegation.

Fo’a was sentenced to 30 years on Sept. 9, 2017 after he was convicted of one count of armed robbery, a class A felony; and 8 counts of misdemeanor stealing, a class A misdemeanor.

According to the government, Fo’a and his co-defendant were targeting Asian stores, burglarizing nine stores at night using a knife, a stone, and a shotgun to threaten store owners and cashiers.

DISTRICT COURT

TUPAI TOETU

A verbal altercation that resulted in a taxi driver getting punched in the eye has netted Tupai Toetu a 12-month probation sentence and a $100 fine to be paid within 30 days.

Toetu was initially charged with public peace disturbance and two counts of third degree assault (class A and class C misdemeanors). But under a plea agreement with the government, Toetu pled guilty to third degree assault (class A misdemeanor). The remaining charges were dismissed.

According to information revealed last Friday in District Court, Toetu was intoxicated when he got into a verbal altercation with a taxi driver, who was "joking" about Toetu driving while under the influence. This occurred Sept. 4, 2018.

"If this is true, I hope it has stopped," said Judge Elvis P. Patea before he handed down Toetu's sentence. "People's lives are at stake when you drive while drunk."

The victim sustained injuries to his left eye as a result of the physical altercation.

When given a chance to speak, Toetu apologized for his actions and said it will not happen again.

Toetu is to remain sober and he is subjected to random testing. His probation review is set for June 28

SANELE TIETIE

A man who pled guilty to escape was sentenced to 24 months probation last Friday.

Conditions of Sanele Tietie's probation include him departing the territory immediately. (Tietie was supposed to have departed late Friday afternoon).

Additionally, Judge Elvis P. Patea ordered, Tietie is to remain outside of the territory "for the entire duration of probation" and if he re-enters at anytime during that 24 months, he will be arrested, he will appear in court, his probation will be revoked, and a sentence will be imposed by the court.

A copy of the court's judgement and sentence is to be given to the Chief Immigration Officer, so Tietie's name is placed on the Immigration lookout list.

Samoa News understands that Tietie entered the territory in 2000 and never left.

MISITAMA WEST

"The money you earn is better spent on your children, instead of on court fines." These were the words of Judge Elvis P. Patea after handing down a 12-month probation sentence for Misitama West, who was charged in two separate cases.

Under a plea agreement with the government, West pled guilty to contempt of court and in return, the remaining charge of trespass was dismissed in the first case.

The second case was dismissed.

For the first case, West spent 16 days at the TCF. For the second case, he was in custody for 55 days. Judge Patea sentenced West to 90 days in jail for the first case, and he was credited the 16 days for time served. The remaining 74 days was suspended — along with a $1,000 fine — pending good behavior while on probation.

The judge noted that the 55 days West spent in pretrial confinement for the second case cannot be credited towards his sentence in the first case.

Judge Patea told West that one thing the court does not tolerate, is when an order is issued and "you ignore it." He told West that he either complies, or he will end up in jail.

Samoa News understands that West did not comply with a protective order issued by the court.

PETELO TINOGA

A man who fled from police in Nov. 23, 2018 apologized to the court for his actions and asked  for one more chance.

Petelo Tinoga appeared in District Court last Friday, where he pled guilty to resisting arrest, under a plea agreement with the government. In return, the remaining charge of public peace disturbance was dismissed.

Judge Elvis P. Patea noted that Tinoga was in court before — 2 years ago — for a class A misdemeanor charge. When asked, Tinoga confirmed that he went through counseling for that case.

Judge Patea said, "it looks like it didn't help you."

Tinoga was then sentenced to 12 months probation, not the 9 months that attorneys from both sides had recommended.

He is also to pay $200 within 45 days, remain sober, and enroll and successfully complete a more 'intensive' alcohol counseling program, paid for out if his own pocket.

JAMES TAITO

Sentencing for James Taito in District Court last week takes care of his matters there, but he is still in custody for a matter pending in High Court.

Taito was initially charged with stealing. But under a plea agreement with the government, the charge was amended to third degree property damage.

Last Thursday, Feb. 21, Taito pled guilty to the amended charge. The charge against him stems from an incident that occurred Oct. 19, 2018, whereby he damaged a cellphone at Pacific Mini Mart in Tafuna. Taito is alleged to have walked into the store and asked to borrow a cellphone. After using it, he dropped it on the ground on the way out.

Defense attorney Assistant Public Defender Anna Whiles said her client is remorseful, and she requested that he be sentenced to time served (56 days).

Judge Elvis P. Patea sentenced Taito to 56 days at the TCF, with credit for time served. He is also to pay restitution of $100 for the phone he damaged, and a $100 fine to the court.

Earlier that same day, Taito appeared in High Court where he admitted to violating conditions of his probation. He didn't visit the Probation Office, he didn't pay his fine, and he didn't seek employment. A disposition hearing for that matter is set for Apr. 26

MALAULILAUTELE FONOTI a.k.a. MALAULI LOKENI "PONI"

Twelve months probation was the sentence handed down for a man charged in two separate cases. Malaulilautele Fonoti a.k.a. Malauli Lokeni "Poni" appeared in District Court last Thursday, Feb. 21, for a pretrial conference and order to show cause.

He was represented by Assistant Public Defender Anna Whiles.

For the first case, Fonoti pled guilty to public peace disturbance, under a plea agreement with the government. In return, the two counts of third degree assault (class A and class C misdemeanors) were dismissed. The charges stem from an incident that occurred Sept. 2018 whereby Fonoti, while intoxicated, was yelling at a kid in front of a store. He eventually grabbed the kid by the neck.

Last May, Fonoti was sentenced to 6 months probation and ordered to attend and successfully complete alcohol counseling.

His probation term was set to end in Nov. 2018 but he was picked up in Sept. 2018 for his new case.

Judge Elvis Patea modified Fonoti's probation and handed down a 12-month probation sentence, to be served concurrently with his prior probation term. Fonoti is also to pay $200 within 45 days, in addition to $110 in outstanding court fees.

MOLI FAALOGO

A man who has been clean now has a criminal record, said Judge Elvis P. Patea, because he chose to take the law into his own hands.

Moli Faalogo appeared in District Court last Friday for a pretrial conference, where he pled guilty to the single count of public peace disturbance against him.

Judge Patea did note that Faalogo has a "long, long traffic abstract," mostly involving commercial vehicles.

"No more citations, obey the rules of the road," Judge Patea said. "You should have let the police handle the situation. Now you have a criminal record."

Faalogo was sentenced to 6 months probation and ordered to pay $100 in 30 days.

The charges against him stem from an incident involving an altercation with a bus driver, at a gas station.