LAFAELE TAUILIILI

The High Court yesterday sentenced Lafaele Tauiliili to serve eight years in prison and pay a $1,000 fine after being convicted in connection with an incident, which occurred last year where he fired a shotgun towards a minor.

Prior to handling down sentenced Chief Justice Michael Kruse said that although character witnesses, including Rep. Timusa Tini Lam Yuen, for the defense all requested a lighter sentence, there were other chances given to Tauiliili in his previous brush with the law and it’s clear to the court that the defendant has not learned his lesson.

It was revealed in court that the defendant has four separate convictions: 1992 for second degree burglary; 1992 public peace disturbance while in the U.S.; 2000 for discharging a handgun while intoxicated during a Leone High School junior prom; and 2006 misdemeanor public peace disturbance locally.

Kruse also said the court has serious concerns over the defendant when he consumes alcohol, which bring out anger issues, resulting in the defendant using a firearm - such as the 2000 conviction as well as the current case, which occurred December.

Kruse then read out part of the plea agreement - reached between the defendant and the government - on what occurred Dec. 26, 2013. The defendant had in his possession an unlicensed shotgun when he went up to a minor, who was with friends, and asked if the minor wanted a fight.  The defendant then fired one shot in the air at which time minor and his friends took off because they were scared.

However, the defendant didn’t stop there. He fired another shot in the direction where the minor was running. And after he was taken into custody at the Leone Substation, the defendant yelled profanity, damaged three chairs and a window screen and head bumped a police captain.

While the defense, along with the Tauiliili sought the court’s leniency, Assistant Attorney General Tiffany Oldfield argued that the defendant committed a serious crime and should be given the highest sentenced allowed under the law.  She also pointed that the defendant - in his previous crimes - was placed on probation and that didn’t do any good.

In the end Kruse sentenced the defendant to five year in jail for second-degree assault and one-year each for possessing an unlicensed firearm, third degree assault and property damage.

FILOIALII MATAU

A man from Pago Pago will be sentenced Sept. 19 after entering a guilty plea to burglary in the first degree under a plea agreement with the government.

Filoialii Matau was initially charged with three felony crimes including stealing and first-degree burglary. He is accused of breaking into a Tri Marine International office and stealing a safe containing more than $20,000 in June of last year.

During the plea hearing early this week in the High Court, Matau admitted to breaking into the Tri Marine office and stealing the safe, which he threw away next to the stream at soccer field at Pago Pago while he pocketed the cash.

Tri Marine, where the defendant was formerly employed as a security guard, told police that the safe contained $41,000 but Matau says it was more than $23,000, according to court documents.

Matau used the money to buy clothes, personal items and rent a car to take a female friend who arrived from New Zealand around the island. It was the same friend who gave police information about Matau’s spending.

MAELI ‘ISUMU’ PITOITUA

The High Court has granted the government’s motion to dismiss the escape from confinement charge against Territorial Correctional Facility inmate Maeli ‘Isumu’ Pitoitua, who is serving time for murder.

The government had alleged that Pitoitua escaped from TCF last November to spend several hours with a married woman whose husband was at work. The woman’s neighbor allegedly saw Pitoitua inside the home of the woman, whose husband than reported it to police, who also obtained a statement from the married woman.

However, assistant attorney general Tiffany Oldfield filed a motion to dismiss the case, which was heard Monday in court. Asked by Chief Justice Micheal Kruse for an explanation behind the motion, Oldfield responded that the victim - referring to the married woman - is now saying that her statement to police was “false and untrue” and this makes it difficult for the government to move this case forward.

JOHNNY PATU

Also dismissed this week by the High Court was the government’s case again Johnny Patu, after it was confirmed that the defendant had passed away.

Assistant attorney general Jessica Bargman informed the court that Patu has died and the government sought dismissal of the case, which was granted.

Patu was allegedly linked to a case involving stolen goods that the defendant’s bought from others.

APELU MOSE

A man taken into custody last week on allegations of marijuana possession has denied the charge and a pre trial conference is now set for early next month in the High Court.

Possession of a controlled substance charge against Apelu Mose was first heard in District Court, which then bound the case over High Court on Tuesday for arraignment. Through his attorney, the defendant entered a not guilty plea and he remains in custody unable to post a $10,000 bail.

The felony charge against Mose stems from an incident last week at the Country Club in Iliili where the defendant was causing trouble. The club’s manager told police that the defendant was brought out after harassing several customers. When police arrived the defendant had been handcuffed to a coconut tree by the club’s security guards.

Police officers searched the defendant and found on him a tied up plastic bag containing a green leafy substance, which later tested positive as marijuana. There were also three marijuana joints found on the defendant.

Original Samoan stories were published in this week’s Le Lali sections.