FATHER PLEADS GUILTY TO PPD IN MACHETE CASE INVOLVING DAUGHTER

The father who went after his daughter with a machete in Lauli’i has apologized to his family for his actions which he says have denigrated their good family name. The father, on Monday, entered into a plea agreement with the government. In the interest of protecting the identity of the victim, Samoa News will not name the father.

The father, who is a teacher at Fagaitua High School and in his 50s, was arrested the first week of April on a Public Peace Disturbance charge. Samoa News points out that the arrest followed an incident which allegedly uncovered a sexual relationship the defendant had with his female student. That case is pending in High Court. 

For the PPD case, the father in an agreement with the Attorney General’s office, pled guilty to the PPD count and in return ASG did not recommend any jail time. During sentencing before District Court Judge John Ward, the defendant apologized for what happened. Ward sentenced the father to six months probation, and ordered him to undergo anger management counseling and not consume any alcohol while on probation.

MAN IN JAIL SINCE LAST DECEMBER ON STEALING CASE, HAS BEEN RELEASED

A 22-year-old Aua man who pled guilty to stealing ASG checks that belonged to his uncle was released from jail last Friday, during sentencing. Brandon Vaiula was charged with forgery and stealing. However, in a plea agreement with the government, the defendant pled guilty to stealing while the forgery count was dismissed. The stealing count is a class C felony punishable with up to seven years in jail, a fine of up to $5,000 or both.  

During the plea agreement hearing on this case the defendant admitted to the court that on Apr. 11, 2013 he stole a government check on a desk at the Police Station, along with the driver’s license of the man who owns the check, who is his uncle. He noted he went to a store in Leloaloa with the victim’s driver’s license and cashed the check in the amount of $1,324.54. The defendant admitted not only did he use the driver’s license of the victim but he also forged the victim’s signature.  

Chief Justice Michael Kruse asked the defendant how could he have used the driver’s license to cash the check when his face is not the same as the owner of the driver’s license, and the defendant replied he just showed the driver’s license to the cashier and he was able to cash the check.

During sentencing last week, the defendant said he was sorry for what happened and asked the court for a second chance. He also apologized to his uncle, who owns the check he stole.

Assistant Public Defender Karen Shelley informed the court police found $600 on the defendant, while $700 had already been used by the defendant. Kruse sentenced the defendant to three years in jail, however execution of sentence was stayed, and the defendant is placed on probation for three years under the condition that he serves one year in jail.

The court however stayed that one year, and Vaiul was ordered to undergo 200 hours of community service.

Court filings say the victim informed police he had received two government checks and placed them in his desk on Apr. 10, 2013, however the next day when he arrived at his office, both checks were missing. The victim stated he drove around to different stores to see if anyone had cashed the checks, and it was at T.I. Inc., he saw video footage of the defendant using his (the victim’s) driver’s license for identification and cashing the check for the amount of $1,324.54. The owner showed the victim the check, and the victim reported the matter to police.

The store owner told police the defendant came into the store three times to cash government checks, and the owner told Vaiula that in order for him to cash the checks, he must provide a valid ID.

ASG’S OFFICE DISMISSES SEX CASE AGAINST MARCADO UREZ

Chief Justice Michael Kruse has dismissed a sex case against a 46-year-old Filipino man who was charged on allegations that he touched a five-year-old girl inappropriately.

The dismissal came after the request by Assistant Attorney General Tiffany Oldfield who informed the court the victim’s mother, who filed the complaint, is no longer on island.

The 46-year-old defendant was charged with child molestation and endangering the welfare of a child.

Samoa News is withholding the defendant’s name to protect the identity of the victim in this case.

According to the government’s case, on Jan. 20, 2013 the LBJ hospital Social Services reported the sexual abuse of a four-year-old girl to the Police Station in Tafuna.

Court filings say the victim calls the defendant her uncle. The victim and her parents lived together with other people in a seven-bedroom house that is rented by different families and the defendant is among the tenants.

KERRY NAOLAVOA’S CASE REFERRED TO ACTING ASSOCIATE JUDGE ELVIS PATEA

Chief Justice Michael Kruse has referred the case of Kerry Naoalava facing charges in a burglary case, to Acting Associate Justice Elvis Patea. Kruse pointed out that he’s related to the victims in this case.

Naoalava was before the court last Friday for sentencing, where he was charged with second degree burglary and stealing on allegations that he had stolen speakers from a home last year in January.

In the signed plea agreement that was read in open court earlier this month, Naoalava pleaded guilty to the burglary count and upon his plea of guilt, the government moved for the court to dismiss the stealing charge. In his guilty plea, the defendant admitted that between Jan. 13-15, 2013 he unlawfully entered a home by breaking a window to gain entrance, had gone into a bedroom and taken off with speakers.

The defendant further admitted that after stealing the speakers he sold them to his friend Johnny Patu. The defendant stated he was not allowed by the family to enter their home. Associate Justice Lyle L Richmond has accepted the plea agreement and scheduled sentencing. The court has yet to schedule another sentencing date for this matter.