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Court Report

EIGHT DBAS 1602 CIVIL CASES BEFORE HIGH COURT ON FRIDAY

 

Friday the High Court has scheduled to hear the civil litigation cases between the Development Bank of American Samoa (DBAS) and some its customers who failed to comply with conditions of the section 1602 housing program contract.

 

The cases that will be called are against Dennis Ahoia, Maria Shimasaki, Sao Nua, Leon Malauulu, Robert Toelupe, Salamasina Schuster, Fred Ahoia and Peleiupu Niko. These cases were initially called before Chief Justice Michael Kruse last month, however the Chief Justice recused himself because he has personal ties with similar cases.

 

DBAS is asking for the High Court to order findings that each defendant is in breach of their agreement.

 

It is also seeking judgment against defendants and in favor of DBAS for the full amount of the section 1602 grant award plus judgment and post judgment interest, and any other amount in accordance with the US Treasury guidelines to be determined at trial. DBAS is also asking the court for a judicial order to foreclose the DBAS mortgage or security.

 

It also seeks that defendants pay amounts to DBAS as a result of the monetary judgment, or proceeds DBAS receives from a judicial or non-judicial foreclosure sale, except attorney fees and costs. 

 

Other DBAS cases are also pending before Associate Justice Lyle L Richmond including that of Ti’aotalaga John Kruse, who is the brother of the Chief Justice.

 

‘OUT OF CONTROL’ MAN ARRESTED FOR PPD

 

A man who allegedly threatened to kill the police officers who responded to a disturbance call has been charged with public peace disturbance and property damage of the police vehicle. Matthew Fuiava made his initial appearance in the District Court earlier this week.

 

According to the government’s case, the police were responding to a call from the defendant’s father, and when police arrived at the scene, they saw the caller (the defendant’s father) holding the defendant by the shirt and trying to calm him down. Court filings say the defendant was led outside the house with the assistance of other police officers, who escorted the defendant into the police vehicle, but the defendant refused to enter the vehicle.

 

The police were able to get the defendant into the police vehicle at the same time the defendant was swearing at the police officers and threatening to “kill” them.  It is alleged that he told the officers that he (the defendant) had served in Iraq and that he is not scared of anything.

 

Court filings say the officers has to restrain the defendant from damaging the police vehicle as he was kicking the back door and banging his head on the vehicle. The police took the defendant directly to the Tafuna Correctional Facility as he was “out of control” and repeatedly threatened to kill the police.

 

JAMES LATU PLACED ON PROBATION

 

The District Court has placed James Latu on two years probation for two counts of third degree assault in connection with two separate incidents where the defendant assaulted the same man.

 

According to the government’s case in April in Tafuna the defendant was present at a game where the defendant fought with the man, and the next week he assaulted the same man. The victim’s mother then contacted the police for assistance.

 

During sentencing the defendant apologized for his actions and asked the court for forgiveness and for a second chance. District Court Judge John Ward told the defendant that he should control his anger, especially since his actions threaten the safety of other people as well as himself.

 

The defendant was ordered to undergo anger management counseling and must remain a law-abiding citizen as conditions of his probation.

 

PISA SCHWENKE TO ENTER GUILTY PLEA IN ASSAULT CASE

 

One of the two brothers who were charged following a land dispute in Nu’uuli over Fanene family land last year has signed a plea agreement with the government. Pisa and Jerry Schwenke are both charged with public peace disturbance and second-degree assault. The matter before the court is for a change of plea hearing for Pisa.

 

According to the government’s case, police received a call about a fight between two families at the Fanene family land in Nu’uuli. Police responded to the call and upon arriving at the scene they saw several people were injured and they contacted the Emergency Medical Services for assistance. A witness told police that he was not at the scene when the incident occurred; however, he had seen rocks being thrown at his residence. 

 

A police investigation found that the dispute started over a load of dirt, and several people argued about where it would be unloaded.