Pago Pago, AMERICAN SAMOA — A Disposition Hearing for Tie Jeffrey Lomon is set for Mar. 21 in High Court for failure to comply with conditions of his probation.

Lomon, who has been in custody since his arrest last month, unable to post a $1,000 cash bond, appeared in court yesterday morning for his preliminary examination.

When Lomon’s case was called, defense attorney Assistant Public Defender Rob McNeill informed the court that his client was prepared to admit to the allegation.

According to McNeill, Lomon pled guilty to public peace disturbance and third degree assault in District Court last week. In return, the government asked the court to dismiss the trespassing case against his client.

When asked by Judge Elvis P. Patea, Lomon admitted to violating his probation. He said he wasn’t law abiding and he failed to pay restitution.

Patea reminded Lomon that if the court revokes his probation, they may impose the sentence that was suspended from his  2017 case, which is 5 years imprisonment and a $5,000 fine.

RONALD PICKERING

Chief Justice Michael Kruse has modified the bail conditions for a man charged with unlawful possession of methamphetamine, after he failed to comply with conditions of his bond release.

Ronald Pickering was taken into custody 2 weeks ago after testing positive for methamphetamine and marijuana. He appeared in court this week for a bond hearing. One of the conditions of his release on surety was that he remain drug free at all times.

But Court records note that last month, a probation officer administered a drug test on Pickering when he came for his monthly visits and that’s when he tested positive for meth.

Pickering’s attorney, Assistant Public Defender Rob McNeill asked the court to modify conditions of his client’s bond release, instead of revoking his bond. He said his client made a careless mistake and it will not happen again.

McNeill acknowledged the presence of his client’s family members in court, as a show of support.

Prosecutor, Assistant Attorney General Laura Garvey did not oppose the defense’s motion to modify conditions of bond release.

Kruse granted the defense’s motion not to revoke Pickering’s release on bond; instead, he modified it — the $5,000 surety bond is now changed to a $5,000 cash bond.

AUKUSITINO FANENE

A 48-year-old man accused of assaulting another person with a knife has entered into a plea agreement with the government.

Aukusitino Fanene, who has been in custody since his arrest last year, unable to post a $10,000 bond, appeared in High Court yesterday morning for a Change of Plea hearing. He was represented by Assistant Public Defender Rob McNeill, while prosecuting the case was Assistant Attorney General Laura Garvey.

Fanene was originally charged with second degree assault and false imprisonment, both class D felonies, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both.

But under a plea agreement with the government, Fanene pled guilty to second degree assault. The remaining charge was dismissed. With his guilty plea, Fanene admits that on May 20, 2018 he knowingly caused physical injury to the victim by poking her neck with a knife.

Sentencing is scheduled for Apr. 23

Fanene was placed on probation for 2 years in 2013, after he was convicted of third degree assault, which was amended from second degree assault under a plea agreement.

A witness told police he observed Fanene strike the victim eight times with a folding chair on the head and body. The victim sustained swelling and bruises to his head and left arm.