Pago Pago, AMERICAN SAMOA — The government case against three members of a family in Futiga accused of using the ASPA (American Samoa Power Authority) service to get power illegally was dismissed with prejudice, after Judge Elvis P. Patea granted the government’s request for a dismissal.

It was ASPA who requested the government to withdraw their case against the Aetui family. A representative from ASPA, Ryan Tuatoo was in court during yesterday’s proceedings.

Co-defendant, Michelle Aetui-Fuimaono did not waste any time when she heard the word “dismissed” from the court. She quickly turned to her right with a big smile on her face and happily kissed her husband, co-defendant Kirk Aab, before she gave another kiss to her brother, co-defendant Ernie Aetui.

After spending almost three weeks at the Territorial Correctional Facility (TCF) unable to post their bonds, the three co-defendants were released from custody yesterday morning after their hearing.

The three defendants were in court yesterday morning for their preliminary examination (PX).

Assistant Public Defender, Bob Stuart represented all three defendants while Assistant Attorney General Laura Garvey prosecuted.

When the case was called, Stuart informed the court that the defense was ready to proceed with the PX. However, the prosecutor asked for dismissal. The government told the court that ASPA and the Aetui family had reached an agreement in this case.

For that reason, the government was unable to continue with their criminal case.

Judge Patea acknowledged the statement from the government and he said the court is unable to determine probable cause to bind the case over to the High Court for further proceedings, because the government did not present any evidence. And for that reason, the case against the three defendants was dismissed.

Samoa News spoke to ASPA’s representative after the court proceedings, who confirmed that ASPA had requested that the government withdraw the case against the Aetui family, after both parties (ASPA and the Aetui family) reached an agreement regarding the matter.

Terms of the agreement are, according to Tuatoo, the Aetui family would pay the outstanding money they owed to ASPA, including the cost of the illegally used ASPA power service, in the amount of $6,500. Moreover, the Aetui family also agreed that they would not engage in any illegal action like this in the future.

Sources told Samoa News that there are other issues between ASPA and the Aetui family regarding land leases, and that most likely was one of the reasons why ASPA wanted to withdraw their complaint against the Aetui family.

Last week when the first PX for the three defendants was continued, the defense attorney told Samoa News that ASPA and the family of the three defendants were engaged in a negotiation for an agreement to settle.

He said that there was a probability that the government would file a motion to dismiss the case against his clients.

BACKGROUND

The case against the three defendants stems from an incident that occurred on the morning of Apr. 22, 2020 when the Tafuna Police Substation (TPS) received a call from an ASPA representative reporting a disturbance in Futiga at the Aetui residence.

Several police officers responded to the call and met up with an ASPA employee, who briefed them on the alleged incident.

The ASPA employee told police that while they were performing maintenance on the utility poles in the Futiga area, one of their co-workers informed their team that the Aetui residence was illegally siphoning off electricity from the ASPA utility pole.

According to the ASPA employee, they disconnected the power and informed the Aetui family residents. Then while they were working on disconnecting the power, three family members came out and began threatening them. They were Aetui-Fuimaono, her husband Aab, and her brother Ernie Aetui.

The ASPA employee told police that all three yelled profanities at them, with Aab holding a shovel and threatening to bash in their heads; while the brother came through the front door with his rifle and then went back in and came back outside and walked towards the ASPA field supervisor telling him to get off his property.