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ASPHO director still facing assault and PPD charges

AMERICAN SAMOA DISTRICT COURT
reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — On February 16, 2025, a woman contacted the Tafuna Police Substation (TPS) and reported  that she was allegedly assaulted by a customer, later identified as Epifania Tauai.

According to the court affidavit, Tauai is being charged with:

Count 1: Public Peace Disturbance, a class B misdemeanor punishable by imprisonment for up to six months, a fine of $500, or both; and,

Count 2: Assault in the Third Degree, a class A misdemeanor punishable by imprisonment for up to one year, a fine of $1,000, or both.

The defendant’s bail was set at $500.

The court affidavit states that on Feb. 16th, at approximately 10:25 a.m., Mrs. Epifania Tauai (later identified as the suspect) physically assaulted a victim who is a cashier at the Kruse Store in Leone. The victim reported the matter on the same date.

Upon arrival at the scene, police officers met with the victim and she briefly explained what happened. During the elaboration of the sequence of events, the victim sounded terrified and frightened.

The victim explained that the suspect assaulted her by punching her arm. She also grabbed a black metal stapler and attempted to strike her. During the altercation, the victim and suspect exchanged words. Furthermore, the victim claimed that she acted in self-defense as the suspect’s demeanor began to rapidly escalate.

After she was punched, the victim says she told the suspect about four or five times not to hit her and the suspect replied that “ I have a right to shut you up, you’re going to hell and you’re going to hell”.

The victim refused to listen further to the suspect and walked away from the cashier lane, but the suspect followed her. The suspect then grabbed a metal shopping cart and rammed it into her stomach area. She also heard the suspect saying in Samoan “you’re about to get slapped in the face”.

At this point, the victim asked the suspect to leave but Mrs. Tauai refused to do so. The suspect continued to threaten her and stated she would consult with the store owner to have her fired from her job, according to the affidavit.

The suspect was clearly observed on the surveillance CCTV footage during the time of the incident. Another camera from a different angle showed the suspect walking out of the store then barging back in and chasing the victim. The victim ran into the office and barricaded herself inside. The camera angle also showed that the suspect tried to force her way into the office.

On Feb. 21st, police officers went to Mrs. Tauai’s workplace and asked if she had time to stop by the TPS in regards to the incident on Feb. 16, 2025, to which the suspect agreed. The suspect utilized her work vehicle and she drove herself to the station.

Upon arrival at the TPS, the suspect was notified that she was not under arrest and that she is free to leave if she wanted. The suspect was also advised that she is a suspect in the incident that took place on Feb. 16, 2025 to which she understood and was willing to disclose her side of the story.

Police Officers Mirandized the suspect where she understood and agreed to provide both a verbal and written statement.

“According to Mrs. Tauai, she recalls going to the store, when she was about to pay for her groceries, she stated that the victim pushed her to which she then retaliated by punching the victims arm.”

Authorities then showed the suspect the video footage from inside the store and Mrs. Tauai then changed her story, stating that “the cashier is always picks on her every time she shops at that Kruse store.” Moreover, she claimed that she also forgot to take her high blood pressure pills which was another reason why she acted the way she did.

She further requested to speak with the victim and said she will contact the owner of the store to apologize for what she did.

Before the suspect left the TPS, she was advised by the officers not to make any contact with the victim or consult with the owner of the store regarding the case to which she agreed.

On Feb. 21st, at about 3:00 p.m., the officers conducted a case follow up with the victim. Upon arrival at the store, they observed the victim sitting inside the office with her boss. The victim was crying and stated that the suspect came to the store and asked to withdraw her complaint. Moreover, the suspect went to the extent of trying to give her money in an attempt to change her mind about pursuing any legal action towards her. The victim was asked how much money the suspect tried to offer her and she stated that she saw one $5.00 note and a couple of $1.00 notes, so roughly $7.00 to $8.00.

The affidavit also noted that this is not the first incident between the victim and suspect.

The defendant was identified as the Director of the American Samoa Historic Preservation Office.

UPDATE

Mrs. Tauai has retained a private lawyer, Neil Connors, to represent her in this matter.

During a status hearing held on Tuesday, April 8, Assistant Attorney General Alex Theohares informed the court that the Attorney General’s Office is terminating its prosecution of this case and is applying to the court to appoint an independent prosecutor to handle the matter.

A continuance was granted by the court upon request by the government and a status hearing is set for May 8th.

In the meantime, Mrs. Tauai continues to work as ASHPO director, with the Governor’s Office stating that final determination is at the discretion of the governor.