Man from Samoa accused of rape and unlawful use of weapon
Pago Pago, AMERICAN SAMOA — A man from Samoa accused of raping a woman and pointing a gun at her face has entered into a plea agreement with the government.
Kueva J. McFall, who has been in custody since his arrest last year, unable to post a $50,000 bond, appeared in High Court yesterday morning for a Change of Plea hearing. He was represented by Assistant Public Defender Rob McNeill, while prosecuting was Assistant Attorney General Laura Garvey.
McFall was charged in three separate cases.
In the first case, he was charged with rape and false imprisonment, both class C felonies, and a class A misdemeanor of third-degree assault. In the second case, McFall was charged with unlawful use of a weapon and false imprisonment, both felonies, along with two counts of third-degree assault. In the third case, McFall was charged with escape from confinement, a class D felony.
But under a plea agreement with the government, which was accepted by the court, McFall pled guilty to the amended count of first-degree sexual abuse in the first case, and unlawful use of a weapon in the second case. In return, the remaining charges were dismissed.
With his pleas, McFall admits that on Jan. 23, 2018 he pushed the victim into his truck — which was parked in Nu’uuli — and touched her private parts without her consent. McFall further admits that while the victim was trying hard to push him away, he continued to sexually abuse her by touching her in a sexual manner.
For unlawful use of a weapon, McFall admits that on Aug. 23, 2017 he pointed a handgun to the victim's face during an argument inside his truck in Nu’uuli. He further admits that his actions were to threaten the victim in an effort to have sexual intercourse with her. (Samoa News notes the victim in his 2017 case is the same person in his 2018 case.)
As part of the plea agreement, the government — believing the defendant is a danger to the victim and society — recommends that McFall be sentenced to jail time and departure.
McFall is scheduled to be sentenced on Apr. 25