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Man allegedly pleads with cops not to arrest him — because he’s an “overstayer”

American Samoa District Court building

Pago Pago, AMERICAN SAMOA — A status hearing for the government's case against a young man charged with public peace disturbance and resisting arrest has been continued to Monday, Feb. 25 to give Immigration more time to locate his file.

Togafiti Miliona made his initial appearance in District Court yesterday morning. Because of his questionable immigration status — based on his alleged admission to police that he is an overstayer — Miliona was remanded to custody at the Territorial Correctional Facility (TCF) without bond.

According to the government's case, this past Wednesday, Feb. 20, police at the DPS central station got a call for assistance regarding an incident in Futiga, whereby three males where alleged to have been yelling profanities near the caller's home.

The criminal complaint notes that three men were consuming alcohol next to a store in Futiga and they were "yelling profanities", disturbing the caller and nearby families.

When police arrived, the three males allegedly fled in an effort to elude authorities.

The cops left and told the caller that if the three males returned, give them a call back.

Shortly thereafter, the DPS central station received yet another call. This time, from a different witness, regarding the same males. The caller claimed that the men were shouting profanities.

When police arrived, they saw two men speaking to the caller. One of them, upon seeing the police unit, took off on foot. The other man, who continued speaking to the caller, was apprehended and placed inside a police unit. He was later identified as the defendant.

According to the caller, Miliona was one of the three men who were consuming alcohol and shouting profanities next to the store, earlier.

The caller told police that this isn't the first time Miliona and his friends have disturbed the peace in the neighborhood.

Miliona was transported to the Tafuna substation and according to cops, he reeked of alcohol.

Investigators claim that Miliona verbally pleaded with them, saying he doesn't want to go to jail because he is an "overstayer".

Furthermore, Miliona is alleged to have told police that he doesn't want to get deported.

Judge Sunia is giving counsels from both sides, and the Immigration Office, until next Monday, Feb. 25th to present "credible information to the court" on Miliona's immigration status.

When asked for his passport, Miliona told the court that it was at home, with his brother.

Samoa News understands that Miliona entered the territory on a permit more than two years ago.