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Court Report

$2,000 FINE AND 5-YEAR PROBATION FOR MAN SMUGGLING MARIJUANA SEEDS

 

A man who was found with 580 marijuana seeds when he came into the territory has been placed on probation with an order to pay a $2,000 fine. In May, Pulenu’utu Tafaoa was arrested and charged with unlawful possession of the controlled substance marijuana, which carries a jail term from five to 10 years and/or a fine of up to $5,000. The defendant, who pled guilty to the charge, was a passenger on an incoming Hawaiian Air flight. He was accompanied by his wife and three children, as the family was moving to the territory.  

 

During sentencing last week Friday, the defendant pleaded for a second chance, and told the court that this will not happen again, as it has created a gap between him and his family. He also apologized to his family for his actions which led to shaming the family’s good name.

 

Tafaoa also apologized to his wife and children. The defendant’s mother took the stand on behalf of her son and said Tafaoa left their family for 11 years, however it was upon his return home this incident occurred. She said Tafaoa is an obedient young man who works hard for his family.

 

Chief Justice Michael Kruse noted that despite the minimal quantity of marijuana found in his possession, what’s bothering the court were the numerous marijuana seeds that he brought into the territory.

 

Kruse sentenced the defendant to five years in jail, however execution of sentence was stayed and defendant placed on probation for five years. He was also ordered to pay a $2,000 fine, while the additional $3,000 has been stayed, depending on his good behavior. Another condition of probation is that Tafaoa cannot partake of drugs.

 

According to the government’s case, the defendant was in line to check for immigration clearance with his family when customs dog K9 Grace alerted near him. In the Customs Office, Tafaoa was searched and a small container was found in his pocket.

 

Agents further searched the defendant’s wife’s suitcase and Customs found three small baggies inside containing marijuana seeds along with a pipe commonly used to smoke marijuana. After the search was completed, the Customs Agents then contacted Commanding Officer of the Vice and Narcotics, Peau Paulo Leuma for further investigation.

 

According to the government’s case, Tafaoa admitted to the police that he had placed the marijuana seeds in his wife’s bag without her knowledge. He further stated that he and his family have moved to the territory to seek a better future for his family and the marijuana found on him was for personal use.

 

Court filings say that police uncovered 586 marijuana seeds inside the three baggies.

 

MAN CHARGED FOR PUNCHING BUSINESS WOMAN IN HER STORE

 

Poutale Galu Jr has been charged with third degree assault and public peace disturbance on allegations that he punched a woman just outside her store in Nu’uuli. Galu, who’s held on bail of $500, made his initial appearance in District Court last week, and is represented by Assistant Public Defender Matthew Trick.

 

According to the government’s case, the defendant told police that after consuming two beers with relatives, he went home and came across the victim, who was doing work behind the Tutuila store.

 

It’s alleged the suspect, while intoxicated, pleaded with the woman to give him a job. The woman told him there are no openings and closed the door at the back of the store. The victim reported hearing the suspect yelling threats that he was going to burn down the store and he punched the door and kicked the vehicle that was parked behind the store.

 

Court filings say the victim then opened the door, and the defendant punched her in the face. The victim fell to the ground unconscious. Police arrived at the scene and found the woman unconscious while she was surrounded by her employees and bystanders.

 

The EMS people were contacted for assistance and the woman was taken to the hospital for treatment. Police officers then pursued the defendant on foot into the mountain area where he fled, however he was not found.

 

The defendant’s neighbors told police that when Galu Jr went home he argued with his mother and left. The police finally found the defendant three days later at his home, where they arrested him. 

 

YOUTH IN PROPERTY DAMAGE CASE URGED TO HEED PROBATION TERMS

 

Two boys who were facing property damage charges in connection with damaging road equipment parked overnight in Aua and belonging to McDonnell Dowell, were told to follow the probation terms given to them when they were sentenced. Patrick Upusili and Billy Tusi were each charged with first-degree property damage and public peace disturbance.

 

Tusi faced an additional charge of underage drinking. Under an amended charge outlined in a plea agreement, the defendants pled guilty to second-degree property damage and Tusi also pled guilty to underage drinking.

 

The youth were in court last week for their probation review and Chief Justice Michael Kruse advised the young men to pay off the restitution ordered by the court as part of their probation. Kruse sentenced the defendants to 90 days in jail and ordered restitution of $2,600 each, which is to be paid within six months.

 

They were also ordered to pay a fine of $1,000 each. Other conditions of their probation include that they are not to consume alcohol, nor congregate with those who consume alcohol, nor enter any taverns and bars, and they must remain law abiding citizens.

 

According to court documents, McConnell Dowell personnel reported to police that their smooth gravel machine and dump truck were damaged, around 5:30a.m. on Aug. 31. An eyewitness who was drinking alcohol with the defendants earlier that morning told police what happened.

 

When police apprehended the defendants, the pair “reeked of alcohol” and “both jokingly and laughingly admitted to damaging the McConnell Dowell machines,” according to court documents, which also state that McConnell Dowell estimated the damage at $6,500.