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GUILTY: Jurors deliver verdict in Galea'i vehicular homicide case

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Folasa Galea’i was found guilty this past Wednesday afternoon of vehicular homicide, after jurors deliberated for 2 1/2 hours.

Vehicular homicide is a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both.

Galea’i, 26, didn’t react much when the verdict was read. He only bowed his head while defense attorney Rob McNeill put his right hand around his back in an effort to comfort him.

A juror who spoke to Samoa News after the verdict was handed down said the government presented sufficient evidence to prove its case, and they were all convinced after reviewing the evidence that Galea'i committed the crime.

When asked which part of the evidence was the most convincing for them, the juror said it was Galea'i's testimony, during which he said his vehicle struck the victim, despite his claim that he couldn't recall the time his vehicle struck the victim while he was standing in front of his truck.

Galea’i is out on a $2,500 surety bond to await sentencing, set for next month.

CLOSING ARGUMENTS

Assistant Attorney General Doug Lowe said sleeping behind the wheel is not a defense; but defense attorney, Assistant Public Defender, Rob McNeill argued that the government failed to present evidence to prove that his client was at fault before the accident happened.

Lowe told jurors that according to the language of the law that applies to the crime Galea'i is charged with, a person commits homicide by vehicle “if that person unintentionally causes death to another person.”

Lowe said the government doesn’t need to prove that the defendant’s intention was to kill the victim, because it clearly states in one of the elements of the law that this crime can be committed by a person unintentionally.

“We’re lucky today because only one person was killed during this accident, not four,” Lowe said.

According to him, Galea'i was engaged in a careless act on the afternoon of the accident. Not only did he drive his vehicle on the wrong lane but he also struck the victim who was standing in front of his white truck, parked on the left side of the road.

“According to the law, sleeping while driving is not a defense, and it's also not a defense in this criminal case,” Lowe said. “The tragic death of Lameko Lopesi was caused by the careless act of this defendant."

Lowe told jurors that Mrs. Lopesi's last words to her husband while he was lying on the pavement were: “Why did you stop the truck and go outside?" Lowe said the victim's wife testified that when her husband closed the car hood, she saw an orange truck coming at them, "flying" towards their vehicle.

Lowe reminded jurors that according to Mrs. Lopesi’s statement, Galea'i's eyes were open when his vehicle was heading towards them, and he was trying to turn the wheel.

“According to the defendant’s testimony, he did not speak to the wife of the deceased at the scene, but according the Mrs. Lopesi’s testimony, the defendant walked over to the scene where her last husband was lying and immediately apologized to her for what happened,” Lowe said.

He reminded jurors of Galea'i's testimony: “I figure I fell asleep”.

“He doesn’t even know if he fell asleep,” Lowe said.

Lowe said if someone falls asleep behind the wheel, they remove their foot from the gas, and the vehicle will go slow. However, in this case, the government feels that Galea'i was not asleep, and his careless act caused the death of Mr. Lopesi.

“Ladies and gentleman of the jury, we’re not here to ask for sympathy for the victim and his family. We’re asking for justice for the victim," Lowe concluded.

Defense attorney McNeill said it only took 2 seconds to change the lives of 2 families.

He said the government failed to present to the jury any physical evidence to prove that his client was careless.

He said in order for the government to prove its case, they must prove one element, and that is, his client was at fault before he committed the crime which resulted in the tragic death of Mr. Lopesi.

“The government stated that sleeping is not a defense, and I never suggested to you to believe in that. I also agree that sleeping is not a defense”, McNeill said.

He then cited the law, which applies to the case and said, “It's the conduct that led to the defendant falling asleep that the government needs to look at, but not the conduct that took place while the defendant was falling asleep.”

McNeill said police never interviewed other witnesses, like those who were with his client at work the morning before the accident happened, to see if his client did anything that led to him falling asleep while driving, or investigate what his client did the night before the accident.

He said there were other claims that his client was talking on his phone when the accident happened. And if that is the case, he said, why didn’t the government call the person they assumed Galea'i was talking to on the phone?

“Where was the lead investigator who spoke to my client on the day of the accident? Why didn’t he complete his investigation?” he asked.

McNeill said officer Mareko Fale who testified for the government never had a chance to speak to his client, nor did he interview any of the many witnesses who were at the scene.

For Mrs. Lopesi’s testimony, McNeill asked jurors to consider all parts of her story and use their common sense.

For example, Mrs. Lopesi said in one part of her testimony that she saw an orange truck headed towards them at high speed, and described it as, “the car was flying towards them, and she saw Galeai’s eyes open while he tried to turn his wheel”.

However, in another part of her testimony, she said that when she saw the vehicle flying towards them, she turned around and grabbed her two grandchildren sitting beside her inside the car and said a short prayer to God to protect them.

McNeill told jurors that Mrs. Lopesi never saw anything because she was busy trying to grab her two grandchildren and shield them.

“This is a horrible tragedy. Mr. Lopesi was ripped away from his family on the afternoon of June 9, 2017, and I don't want you to continue this horrible tragedy again by ripping this man away from his family. And the only way to stop that is to return with a not guilty verdict,” McNeill concluded.