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Court orders man not to set foot in the Fagatogo Market

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The 26-year old man convicted of assaulting another man at the Fagatogo Market while intoxicated was ordered by District Court Judge Elvis. P. Patea not to set foot in the market during the period of his 12-month probation.

Filisi Fetuao, a.k.a “Fritz” was initially charged with 3rd degree assault, public peace disturbance (PPD) and 3rd degree property damage, all class A misdemeanors, however under a plea agreement with the government, which was accepted by the court last week, Fetuao pled guilty to 3rd degree assault and PPD.

With his guilty plea, Fetuao admits that on Nov. 17, 2018, while he was intoxicated, he assaulted another man by punching him multiple times. His actions on that day disturbed the public peace.

Fetuao was represented by Assistant Public Defender Anna Whiles, while prosecuting the case was Assistant Attorney General Jason Mitchell.

When asked to recap to the court the facts of the case, the government attorney claimed that around 4:34p.m, Saturday, Nov. 17, 2018, the defendant was at the Fagatogo market with some of his friends, drinking and making noise around the market.

The victim was a 56-year farmer who sold his taro and bananas at the market. Out of anger and disrespect, Fetuao grabbed one taro belonging to the victim and threw it to another man.

The victim got upset and told the Fetuao not to do that again. Fetauo responded by walking over to where the victim was sitting and punching him in the face. As the victim fell down, Fetuao punched him again twice, before kicking him in the back while the victim was still lying on the ground.

Other farmers who were at the market jumped in and stopped the defendant. A few minutes later, police arrived and apprehended the defendant.

When given the chance to address the court, Fetuao immediately apologized to the court for his action. He also apologized to the victim for what he had done. He then asked the court for forgiveness, and another chance to continue to care for his family.

Patea told Fetuao that alcohol is not a good friend to him.

Fetuao was sentenced to a period of probation of 12 months, subject to several conditions. He has to attend and complete anger management, and he is to pay a fine of $135. While he’s on probation, he is not to set foot in the Fagatogo market nor to consume any alcoholic beverages, remain law abiding and stay away from his old friends who consume alcohol.

JOE TOGITOGI

An inmate who has a history of escape from confinement multiple times appeared in District Court last week on the new allegation that he escaped from the Territorial Correctional Facility (TCF) again last week.

Joe Togitogi made his initial appearance in District Court last Thursday, where he waived his rights to a preliminary examination. His case was bound over in High Court for arraignment.

When Togitogi’s case was called last Friday before Chief Justice Michael Kruse, Togitogi was not present in court.

Prosecutor, Assistant Attorney General Laura Garvey said she received a phone call from TCF, informing her that Togitogi would not appear in court due to his medical condition. Togitogi’s attorney, Public Defender Michael White echoed Garvel’s statement.

Togitogi’s arraignment is now scheduled this morning at 8:30am.

BACKGROUND

The government alleges that Togitogi escape from TCF on Saturday morning. He was captured later in the afternoon on the same date.

Togitogi, along with two co-defendants, Ryan Pite and Joseph Iakopo is scheduled to appear in court this Wednesday for sentencing. The three inmates were convicted by the court of escape from confinement in January of last year.

WAYNE “UENI” GASOLO

The Probation Office is asking the High Court for an Order to Show Cause (OSC) hearing against Wayne “Ueni” Gasolo, on the allegation that he violated conditions of his probation. Probation stated that Gasolo tested positive for methamphetamine and marijuana while in custody.

Probation in an order for an OSC hearing stated that while on probation, Gasolo was arrested by police last week along with two other co-defendants on the allegation they broke into Janice Sewing Shop for the purpose of committing a crime.

Gasolo, along with his two co-defendants made their initial appearance in District Court where they entered a not guilty plea to the charged of public peace disturbance. Judge Elvis P. Patea has set bail for Gasolo at $1,000 (must be cash) while Vaueli and Tali have been released on their own recognizance.

According to a report from Probation, a probation officer administered a random urinalysis test on the defendant on Feb. 28, 2019 at TCF. The collected sample tested positive for the presence of THC and methamphetamine.

BACKGROUND

In 2017, Gasolo pled guilty to drug possession following his arrest at an abandoned house where he is believed to have fed drugs to young girls and engaged in sexual activities with them. For that case, he was sentenced to 5 years probation, under the condition that he serve 20 months at TCF.

Last year, he was one of two inmates that tested positive for meth, however, the court did not revoke his probation but modified conditions of his probation, and ordered him to serve 3 months for Contempt of Court after not complying with conditions of his probation.