Court Report: Drug and alccohol cases clog the courts
Pago Pago, AMERICAN SAMOA — The government has charged a 30-year-old man, Uati Ilaoa with unlawful possession of illegal drugs and for trying to break into a house in Fagaima in December of last year. Uati Ilaoa made his initial appearance in court last month after he was arrested pursuant to an arrest warrant from the court.
According to the government’s case, a man informed police about a male who tried to break into a house in Fagaima by throwing rocks at the back door and also side windows on the night of Dec. 26, 2021 in an effort to gain entry into the house.
Several police officers responded to the call but were unable to locate the suspect. However, last month, the wife of the man who contacted police for the alleged burglary called the Tafuna Police Substation (TPS) on May 21, saying the man her husband saw trying to break into a house in December of last year was seen at their neighbor’s house.
When police arrived, this time the witness identified the defendant, who was among other young men playing pool at their neighbor’s house. Police approached Ilaoa and asked him if he could come with them to the station to discuss an important issue.
While speaking with police, Ilaoa pushed the police officer away and immediately turned and ran away. A foot chase ensued between police and Ilaoa, who was later apprehended and transported to the TPS for questioning.
Prior to transportation, a body search was carried out during which police discovered a small stamp-sized baggie containing green leaves inside Ilaoa’s right pocket.
When asked about the alleged incident where he attempted to break into a house in the village, Ilaoa said he doesn’t know anything about that case and he was never involved in any criminal behavior last year.
When asked why he ran away when police approached him, Ilaoa smiled and said, “Because I got some illegal stuff in my possession when police approached me.”
Ilaoa, who has a long criminal history, is charged with unlawful possession of marijuana, resisting arrest and attempted burglary in the second-degree — all class D felonies, along with disturbing the public peace (PPD), a class B misdemeanor.
HIs bond is set at $5,000.
ALATINA TUFUGA
A man who was intoxicated when he allegedly caused a disturbance at his family home in Tafuna was arrested and charged with public peace disturbance.
Alatina Tufuga made his initial appearance in District Court last week, where he entered a 'not guilty' plea. He was later released on his own recognizance and his next court appearance is set for next month, July.
According to the government's case, Tufuga’s aunt contacted police for assistance, saying her nephew (Tufuga) was drunk and unruly, and he was attempting to throw a rock at her vehicle, which was parked in front of their home.
The defendant's aunt told police that Tufuga’s friend had called her, telling her that he was dropping Tufuga off "because he is a troublemaker."
Tufuga’s aunt said that after she contacted police, Tufuga allegedly went outside and started yelling profanities and screaming Samoan war cries.
She said her nephew has been arrested "so many times for the same reason" — being drunk and causing a disturbance at her house — "especially when the children are home." His aunt told police she does not want him back at the house, "because he is always causing trouble… disturbances," and using profanity in front of her children.
Investigators said they could smell alcohol coming from Tufuga when he was being booked. They also reported that his speech was slurred and his eyes were bloodshot.
Standard conditions for release were imposed, including that Tufuga remain sober at all times.
MALAKI PAGAMALIE
A man was taken into custody by police last month after illegal drugs were found inside his vehicle during a traffic stop.
Malaki Pagamalie made his initial appearance in Court last month.
He is charged with one count of unlawful possession of methamphetamine (meth); and one count of unlawful possession of marijuana — both felonies, carrying a jail term of 5-10 years, a fine of $5,000-$20,000 or both for each count.
Bail is set at $10,000.
THE ALLEGATION
The government claims that on the night of May 13, 2022, Malaki Pagamalie was driving a red pickup truck that was pulled over by police in the Tafuna area for speeding.
When asked for identification, Pagamalie presented a driver’s license and an immigration ID — both of which had expired.
Officers instructed Pagamalie to exit the vehicle and he was taken in for questioning while the vehicle was impounded.
At the police station, the officers who escorted Pagamalie, said a baggie containing a white crystalline substance fell out when Pagamalie exited the police unit. However, Pagamalie denied knowing anything about the baggie.
He told police that the vehicle belongs to his sister and her husband and he borrowed it to transported his elderly mother to the hospital because his truck is in the shop for repairs.
When police checked where Pagamalie was seated, they found another baggie containing a white crystalline substance, and during a body search, officers found a glass pipe containing a white crystalline substance on Pagamalie.
An inventory of Pagamalie’s vehicle netted a small bag in the back seat, containing one glass pipe with a white crystalline substance, and one baggie containing a green leafy substance.
The white crystalline substance tested positive for meth, while the green leafy substance tested positive for THC, the active compound in marijuana.
Pagamalie refused to make a statement to officers regarding the illegal drugs allegedly discovered on his person and inside his vehicle.
SAMUELU SOFARA
The Probation Office is asking the High Court for an Order to Show Cause (OSC) hearing against Samuelu Sofara on the allegation that he violated conditions of his probation. Probation stated that Sofara tested positive for meth and marijuana while he’s on probation.
Probation in the order for an OSC hearing stated that while on probation, Sofara was arrested by police two months prior (Apr. 2022) along with two other co-defendants on the allegation they broke into a store in the Tafuna area for the purpose of committing a crime.
Sofara, along with his two co-defendants appeared in High Court last month for their arrangement, when their cases were bound over after they waived their rights to preliminary hearings in District Court.
According to a report from Probation, a probation officer administered a random urinalysis test on the defendant when he appeared in District Court for his initial appearance on Apr. 10, and the result of the test turned out positive for meth.
Sofara admitted to Probation that he smoke meth with two friends at his home in Taputimu two nights before he appeared in court for his initial appearance.
BACKGROUND
In 2017, Sofara pled guilty to drug possession following his arrest at a bus stop in Tafuna when an eye witness informed police that the defendant was selling marijuana joints to other people. For that case, he was sentenced to 5 years probation, under the condition that he serves 20 months at TCF.
IOSEFATU MAPU
A 42-year-old man convicted for violating local drug laws while on probation was given another chance by the court to straighten up his life.
Iosefatu Mapu, who has been in custody since his arrest last year, unable to post a $10,000 surety bond appeared in Court last week for sentencing.
Mapu was initially charged with unlawful possession of meth. But a plea agreement with the government, accepted by the court, allowed Mapu to plead guilty to a lesser amended charge, a class D felony punishable by up to 5 years in jail, a fine of up to $5,000 or both.
With his guilty plea, Mapu admits that a glass pipe containing meth was found in his possession when police officers searched him during a traffic stop.
He told the court that he’s truly remorseful for his action and wanted to return back home to care for his young family. He stated to the court that the 13 months he spent in jail were wasted days of his life, due to his carelessness and stupidity. He promised the court that he would not violate any laws of the territory in the future.
His attorney asked the court for a probated sentence saying that his client is a suitable candidate for a probated sentence, and that his client was working in his own mechanic shop to provide for his family before he was arrested and charged in this case.
The prosecutor agreed with the defense’s submission and asked the court to sentence the defendant to a term of probation without any additional period of detention.
After considering all facts of the case, submissions from both parties, the Pre Sentence Report (PSR) and the defendant’s statement, the court issued its decision.
For the issue of violating conditions of his 2019 probation while he was on a 24-month probation from a case, which involved domestic violence, the court revoked probation and ordered Mapu to serve 13 months at TCF. He’s credited with the 13 months he’s already served while awaiting the outcome of his current case.
In this new matter, the court sentenced Mapu to a term of probation of 5 years, subject to several conditions with which he must comply, including serving 20 months at the TCF. He will be credited with the time he’s already served. The balance of detention was deferred by the court on the basis of the defendant’s good behavior.
Mapu was also ordered to pay $1,000 and secure gainful employment. The court advised Mapu that family farming is not considered gainful employment.

