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Court Report

Translated by Samoa News staff

DISTRICT COURT ISSUES SUBPOENAS TO DPS OFFICIALS

Due to inmate Michael Agasiva’s alleged refusing to appear in court twice, District Court Judge Fiti Sunia yesterday issued subpoenas for the Acting Police Commissioner, Territorial Correctional Facility warden and a TCF officer to appear for a hearing set for this morning.

Agasiva was to appear last Wednesday for a court hearing but didn’t show and this resulted in the court issuing an arrest warrant for the defendant, who was to then appear yesterday in court, but again, he didn’t — although he is already an inmate.

During yesterday’s court proceedings, Agasiva’s attorney, assistant public defender Mathoni McCormick informed Sunia that his client continues to refuse to show up in court. Sunia asked what the government is doing to make sure the inmate attends all required court hearings, and McCormick replied that the government is still trying.

The judge responded that it was time for the court to issue an arrest warrant, and it was the responsibility of the Police Commissioner to abide by such a warrant — find that person and bring that individual before the court.

Sunia asked if there is a Police Commissioner at this time and attorneys for the defense and government responded that they believe there is an Acting Police Commissioner.

With that reply, the judge announced that he was issuing subpoenas for the Acting Police Commissioner, the TCF warden and the TCF officer, who was to serve the subpoena on Agasiva in jail, to appear for a hearing today, to find out why they failed to comply with an arrest warrant issued by the court.

Agasiva is currently serving a five-year prison term after being sentenced in 2011 for assault in 2009. It’s unclear at this point as to the specific charge or charges against Agasiva that require him to appear in District Court.

ABRAHAM MCMOORE

A man accused of pointing a gun at another person in Utulei last year will be sentenced Feb. 9 in the High Court.

Abraham McMoore, who is out on bail, was charged with one felony count of illegal use of a weapon, and four misdemeanor counts of public peace disturbance, third degree assault, possession of an unlicensed firearm and use of a firearm.

Under a plea agreement read yesterday and accepted by the court, the defendant pled guity, while the other charges were dismissed.

With the plea, the defendant admitted that on the morning of Oct. 18, 2016, when he was intoxicated he pointed a gun at a man who was in the neighborhood to conduct construction work. He also admitted that he was in possession of an unlicensed .22 caliber pistol.

Chief Justice Michael Kruse asked the defendant what happened to the gun and who owns the firearm, and McMoore responded that it belonged to his father and was given to police. The government noted that this type of weapon is prohibited in American Samoa.

Besides ordering the Probation Office for a pre-sentencing report, to include an explanation of the charges, which were dismissed, Kruse directed the government to present on the day of sentencing the unlicensed firearm.

MALAGA FUATAGAVI JR.

A man accused of cursing and causing disturbance in his neighborhood on Nov. 26 has been charged with three misdemeanor counts of public peace disturbance, resisting arrest and escaping from confinement.

According to court information, police received several calls from neighbors regarding Malaga Fuatagavi Jr., who was swearing at them as well as causing trouble. When police went to find him in Ili’ili, the defendant allegedly took off.

The defendant was later located in his home, and police escorted him outside, where he then broke free and ran down the road. Police were able to apprehend him and took him to the Tafuna police substation, where the defendant complained of pains in his abdominal area and problems breathing. He requested medical assistance and the EMS showed up.

The defendant then requested further medical treatment at LBJ hospital and EMS transported him to the hospital, according to court documents, which also state that police called ahead to notify LBJ security, which should contact police for additional assistance, if needed.

“Upon arrival at LBJ hospital, the suspect fled the hospital before he could be treated by medical professionals,” the government alleges. The defendant was later apprehended.