Court orders no bail for man in assault case, McFall case dismissed
Pago Pago, AMERICAN SAMOA — Judge Elvis P. Patea has remanded a man charged with second degree assault, to custody at TCF on a 'no bail' status after the court confirmed last week that the defendant's ID expired on June 2, 2016.
Teofilo Kuka waived his right to a preliminary examination last Thursday and his case is bound over to High Court for arraignment this morning, where he is expected to enter a 'not guilty' plea to the single felony count against him.
Kuka's mother - who is also his sponsor - appeared in court last Thursday, to explain why her son's Immigration ID hasn't been renewed in nearly three years. Kuka's mother told the court that her son had signed up for a program that was supposed to help him with his immigration papers and employment. But it never happened.
The charge against Kuka stems from an incident whereby he is alleged to have struck a high school student on the head with a tree branch, resulting in the minor blacking out and requiring 12 staples to close the wound.
A man charged with public peace disturbance and third degree assault for allegedly beating another man behind the Fagatogo Marketplace last Wednesday, April 17th, has been remanded to the LBJ Behavioral Center.
Tanielu Tuli made his initial appearance last Thursday in District Court. Through his attorney, Assistant Public Defender Ryan Anderson, Tuli entered 'not guilty' pleas to both counts against him.
Judge Elvis P. Patea noted that there is a pending case against Tuli. He then ordered that both matters be set for May 9th.
According to the government's case, police got a call for assistance from a man reporting that a male had been assaulted behind the Fagatogo Marketplace, and the suspect was trying to flee the scene. Police arrived and found the victim lying on the side of the parking lot behind the Market. Meanwhile, Tuli was walking towards the road.
When an officer told Tuli to get into the police unit, Tuli allegedly refused and kept walking. Another officer helped in apprehending Tuli, who at this time was heading towards the McDonald's parking area.
According to the criminal complaint, both men "appeared intoxicated."
The government's case against David McFall was dismissed last Thursday.
This was after the prosecutor filed a motion to dismiss, citing the government's inability to prove probable cause.
McFall was facing charges of stealing, forgery, and fraudulent use of a credit device - all felonies - for an incident that occurred Aug. 11, 2016, where he is alleged to have stolen a laptop and used a credit card belonging to a female employee of the DHSS WIC program.