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Court Report

LOMITUSI FILIGA

Chief Justice Michael has accepted a plea agreement between the government and Lomitusi Filiga who is facing weapon charges. Filiga was initially charged with unlawful use of a weapon, a felony, with misdemeanor charges of possession of an unlicensed firearm, unlawful possession of ammunition, third-degree assault, and public peace disturbance, for allegedly pointing a gun at a relative, in Fagatogo.

In the plea agreement, the defendant pled guilty to possession of an unlicensed firearm, unlawful possession of ammunition and third-degree assault, while the government moved to dismiss the remaining charges. Sentencing for the defendant is scheduled for March 30, 2012.

According to the government’s case, the defendant said he was just playing around with a gun and did not mean to scare anyone with the weapon. The defendant allegedly pointed the gun at the complaining witness but the complaining witness went to the Police station and filed a complaint. The unlicensed firearm was confiscated by police the day the alleged incident occurred. Filiga is represented by Assistant Public Defender Leslie Cardin while prosecuting is Assistant Attorney General Celia Reyna.

DOMESTIC VIOLENCE

A man was arrested after allegedly assaulting his wife in the presence of their children. The defendant made his initial appearance before District Court Judge John Ward yesterday morning. The Police affidavit says, witnesses contacted the police after the victim came running outside of their house screaming that she was being assaulted by her husband. Police arrived at the victim’s home in Nu’uuli and saw that she had a cut on her forehead, which required the Emergency Medical Services’ assistance. The woman was treated at the scene.

According to the police affidavit, the children who witnessed the alleged assault, told police, this was not the first time the defendant has assaulted their mother while he is intoxicated. The defendant is charged with public peace disturbance and third degree assault. The defendant is represented by Assistant Public Defender Donna Clement while prosecuting is Assistant Attorney General Camille Philippe.

ELLIOT SIAUMAU SR

Sentencing for Elliot Siaumau Sr has been continued to March 30, 2012. He was to be sentenced for the charges of Driving Under the Influence of alcohol and eluding police. Siaumau was initially charged with resisting arrest, a felony, and driving under the influence which is a misdemeanor. However, in the plea deal with the government earlier this month, the defendant pleaded guilty to DUI and eluding police which was amended from the resisting arrest charge.

During the plea agreement hearing Chief Justice Michael Kruse ordered the defendant not to operate a vehicle in the territory.  The Chief Justice also ordered a probation report for this matter.

The charges stem from an incident which occurred on New Year’s Eve 2010 where police were chasing the defendant who was driving under the influence of alcohol. Siaumau was represented by Assistant Public Defender Michael White while prosecuting for the government is Deputy Attorney General Mitzie Jessop Folau.