Ads by Google Ads by Google

Aute Bar owner “Mama” to serve 90 days in jail

Translated by Samoa News staff

Chief Justice Michael Kruse and Associate Judges Mamea Sala Jr and Muasau Tasina Tofili handed down a  90-day sentence for Tumuatasi Lefatia also known as “Mama” — the owner of Le Aute Bar last week Friday.

Two years ago, the police raided the Le Aute Bar with 30 officers participating. As a result of the raid,  Lefatia was charged in March 2015, with one count of unlawful possession of a controlled substance, methamphetamine, which carries a jail term from five to ten years and a fine between $5,000 and $20,000.

She was also charged with three counts of unlawful possession of a weapon and each charge is a class A misdemeanor, punishable with up to one year in jail, a fine of up to $1,000 or both.

However in a plea agreement last year that was read in court in August, one of the three misdemeanor counts was amended to illegal possession of firearm ammunition, which the defendant pleaded guilty to, while the rest of the charges were to be dismissed.

At the time, Chief Justice Michael Kruse asked assistant attorney general Tyler Danzel if the plea agreement is in the interest of justice and the people of American Samoa to which Danzel said yes.

Danzel also told the court that the government has filed with the court a written statement explaining the reason for moving to have the defendant plead guilty to the misdemeanor charge.

In taking the plea agreement under advisement, Kruse also ordered the Probation Office for a pre sentence report before the court makes a decision on the agreement.

Last Friday, the defendant was sentenced to one year in jail however execution of sentence was suspended and she placed on a two-year probation under the condition that she serves 90 days in jail.

Lefatia was also ordered to pay a fine of $1,000 and to remain a law abiding citizen and she’s not allowed to be in possession of drugs.

She’s subject to be checked by the probation office or a police officer at anytime at her residence or on her property as a condition of her probation.

Prosecuting the case is Assistant Attorney General Bob Pickett and Lefatia was represented by Sharron Rancourt.

BACKGROUND

According to the government’s case, police officers executed a search warrant for the house occupied by Lefatia and Le Aute Bar. It’s alleged that police entered the residence when the defendant was in her bedroom. Court filings say that police uncovered live ammunition on a sofa inside the bedroom.

Police also uncovered alleged drug paraphernalia; three digital scales, cut up straws; a box of straws containing 305 straws, and 25 pills believed to be oxycodone (an opioid pain medication, sometimes called a narcotic and used to treat moderate to severe pain.), scissors with burnt tips and a glass pipe allegedly containing methamphetamine, which was found inside a pool stick case that was found in defendant’s bedroom.

Police also found money in the amount of $4,184.

Lefatia’s brother, Ah Kiong or Ationo Talamoa was also arrested with his sister, during the execution of the search warrant.

He originally faced charges of unlawful possession of a controlled substance, methamphetamine with intent to distribute; unlawful possession of a controlled substance, methamphetamine; unlawful possession of a controlled substance, marijuana; and two counts of possession of a prohibited weapon.

In a plea agreement reached in March this year, Talamoa pled guilty to possession of a controlled substance and possession of a prohibited weapon, and in return the government moved to dismiss the remaining charges.

He was sentenced to seven years for unlawful possession of a controlled substance, and one additional year for the possession of a prohibited weapon, with jail terms to be served consecutively.