Criminal charges have been filed against Vise Gauta in connection with the shooting in Vaitogi over the weekend. Gauta is held on bail of $20,000 and is scheduled to appear in the District Court tomorrow. He was arrested over the weekend with his father-in-law Fata Solomona Siaumau, who was released from custody on Monday, while Gauta was taken back to the Tafuna Correctional Facility on orders of the court.

The felony charges against Gauta are first-degree assault and unlawful use of a weapon.

According to the government’s case, on Sunday, January 15, 2017, it was reported to the police, by Laau a.k.a. Elaine, who called the Tafuna Substation that “their family members are fighting in Vaitogi and guns were involved.” 

Responding to the call, police interviewed Elaine Michaels, who allegedly informed the police that while she was driving to her house, her sister called and warned her that their brother, Solomona Sr. and his son-in-law, Gauta were on their way to the house. She then used her car “to block the driveway and went inside the house. Shortly she heard Solomona Sr. yelling at her to come out and she did,” according to the affidavit.

The witness in the court affidavit said that she allegedly saw “Solomona Sr. with a gun in his hand and trying to point [it] at her while she was standing outside their front door. Solomona Sr. seemed to have a hard time raising the gun, Vise (Gauta) then assisted Solomona Sr, by lifting the gun to an upward position, Solomona Sr. then discharged the gun at her immediately.”

Court filings further say that the complaining witness saw Gauta taking the gun away from Solomona Sr.’s hand then aimed it at her and fired a second shot. The third shot was again fired at the house where her kids were. That’s when the defendant and Solomona Sr. left the premises heading to their car and Gauta again shot at the complaining witness once more, and her grandchildren were “outside standing with her.”

Information about the vehicle that Solomona and Gauta were in was dispatched to the police officers.

Responding officers to the incident met with Lawrence Michael, a.k.a. Larry, who took the officers to their house and showed them a hole, which he alleged to be caused by a gunshot. Larry told police the there were three gunshots fired, with the first by Solomona Sr; the second, with the assistance of Vise, at the house; and the third in the air. (The affidavit does not identify the relationship of Larry to the complaining witness.)

The court affidavit said that a police unit saw the vehicle in Pavaiai and followed it, finally stopping at a residence in Vaitogi, “and they blocked the driveway” to stop it from leaving, while they awaited other responding police units.

While they were waiting, the police saw the defendant, Solomona Sr. and other family members exiting the car and walking into their house.

When responding police units arrived, the affidavit says, “officers approached the house and informed the Gauta family of the nature of their visit.” They requested Gauta’s family to meet them at the Tafuna substation for questioning. The family complied and went in their car, while Gauta was transported in a police vehicle.

At the substation, Vise was warned of his constitutional right, which he said he understood and then waived, making a statement to the police of the matter.

The defendant allegedly admitted his involvement in the matter and “confessed that he drove Solomona Sr.” to the complaining witness’s house.

Gauta in the police affidavit alleges, “Solomona Sr. was furious at his sister Elaine for beating his daughter the day before.”

He further told the police that he recalled that when they reached Elaine’s (complaining witness) house, Solomona Sr. got out of the car holding a pistol, which he alleges to be a 38 special. Gauta “further stated that while trying to snatch the handgun away from Solomona Sr., the gun went off.”

The defendant further claimed that when “having full possession of the handgun, he then fired another shot in the air subsequently, he fired a last shot at Elaine’s house.”

The defendant claimed that he tossed the gun out of the car in Futiga. Gauta agreed to assist the officers to show the location of where the gun was allegedly tossed; however the search was unsuccessful. He then told police of “another place that he claimed pitching the handgun to” however, the gun was never found.

Police also questioned Solomona Sr., who was also warned of his constitutional rights, which he waived after saying he understood them, and made a statement as to the matter.

Solomona Sr. told police that “he knows nothing” about what they were asking hiim. “He claimed passing out and woke up in the hospital.”

The two men were then booked that same Sunday and were transported to the TCF, where they were booked for Speedy Trial on charges of Public Peace Disturbance.

The police impounded a vehicle, which was alleged to be the one Gauta and Solomona Sr. were in at Elaine’s residence. The vehicle “was inventoried for safeguarding of owner’s properties.”

The charge Gauta is facing of first-degree assault is a class A felony and is punishable by life imprisonment or not less than 10 years or both; while the weapon’s charge is a class D felony and is punishable by imprisonment not to exceed five years or a fine not to exceed $5,000 or both.