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Cops book man despite allegedly being too drunk to understand his rights


Pago Pago, AMERICAN SAMOA — On April 20, 2024, a female individual contacted the Tafuna Police Substation (TPS) alleging her brother was causing a disturbance in their home.

The suspect was apprehended and charged with the following:

Count 1: Private Peace Disturbance (DV), a class C misdemeanor punishable by imprisonment for up to fifteen days, a fine of $300 but not less than $150, or both; and,

Count 2 & 3: Property Damage in the Second Degree (DV), a class A misdemeanor punishable by imprisonment for up to one year, a fine of $1,000 but not less than $150, or both.

The defendant’s bail was set at $2,000.

According to the affidavit, on April 20, 2024 at about 7:30 p.m, Apoga Custodio was causing a peace disturbance at his residence in Faleniu.

Police officers proceeded to the call and upon arrival at the scene, they were directed by the caller to where the suspect was observed sitting on a couch by the door while two male individuals were standing by him. Officers proceeded inside the house where shattered glass and blood were allegedly observed in front of the door and inside the living room area where the suspect sat. An ie lavalava was also observed wrapped around the suspect’s right hand.

Police officers escorted the suspect into the police unit where they contacted the TPS to request for EMS to have the suspect checked for his injuries.

One of the officers interviewed the reporter at the scene, where she verbally stated that she went and picked up the suspect from where he went to play volleyball and he was okay.

When they arrived home, the suspect went inside the house and she was shocked when she heard him yelling profanities at her mother. She also explained the suspect threw his phone at the television, leaving a crack.

She stated that she came out of the house and called out to her cousins for help. Her cousins came over and tried to calm the suspect down she then called the TPS for help.

The caller/ reporter claimed she wasn’t aware of when the suspect punched the front door of the house, injuring his right hand.

An investigation into the incident revealed that the suspect was held down by his cousins, but he stood up and punched the front glass door of the house injuring his right arm.

After interviewing the reporter/ caller, the officers proceeded to the TPS for further investigation.

Upon arrival at the TPS, the suspect was found to be too intoxicated to understand his Constitutional Rights.

He was then booked and was later confined at the Tafuna Correctional Facility after he was released from the hospital.

(The affidavit does not explain when he was taken to the hospital and by whom.)

The defendant is identified as a 25 year-old citizen of Samoa.