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Court Report

American Samoa District Court
BROTHER vs BROTHER
reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — On January 6, 2023, at about 9:00pm, the Tafuna Police Substation (TPS) received a call from a distraught father seeking assistance regarding a fight that broke out at his home in Seetaga between his two sons — Apelu Vilisinimisa and Pati Taaloga.

Both were charged with one count of Private Peace Disturbance — a class C misdemeanor punishable by imprisonment for up to fifteen (15) days, a fine of $300 but not less than $150, or both.

When officers arrived at the scene, they spoke with a male individual unaware that he was the defendant. The officers “asked if he was the one who was causing a disturbance in the house.” However, the defendant denied that he was involved and claimed that, “it was the two brothers who [had] left the scene.”

Police officers were then directed to the father of the defendant, who explained that he was the one who had called for assistance. He stated that he was unsure of what caused the fight between his two sons.

“He heard the suspect and Taaloga yelling out profanities to each other.” It was then that he walked out to see where the fight was that he saw the two “engaging in a fist fight”. He said that he tried to break up the fight but his sons were too strong to hold back.

According to the affidavit, the father stated that “he saw the suspect hit Taaloga with an electric fan” which was why he contacted the TPS for assistance. He explained that Vilisinimisa fled the scene after he was chased off of the property.

Police officers then asked the father where they would be able to find Vilisinimisa, and that’s when he told police officers that that’s who they spoke to upon arrival at his home. Police officers then approached the suspect and asked him once again “if he was the one that fought with his brother.” Once again, the suspect denied that it was he who had fought. However, the father confirmed that the individual that police officers were speaking to was the suspect, Vilisinimisa.

Vilisinimisa was then apprehended and placed in the police unit to be transported to the TPS for further investigation.

A witness at the scene also provided a verbal statement in which he explained that he heard the suspect yelling out profanities and saw both the suspect and Taaloga “laying hands on each other and saw the suspect grab the electric fan and hit Taaloga with it.” He then stated that the fight continued inside the kitchen.

Police officers questioned the witness on Taaloga’s whereabouts, however the witness claimed he was not sure where he went after his father chased him out of the house.

Officers canvassed the area and could not find Taaloga. The caller (father of the defendant) was advised to contact the TPS if Taaloga returned home.

Vilisinimisa was the taken to the TPS, and while transporting the suspect, police officers detected a strong odor of alcohol emitting from the suspect’s clothes and breath.

The suspect was Mirandized and provided a verbal statement.

The suspect explained that “his brother started acting aggressively during their drinking session.” He claimed that he told his brother to go to sleep and tried to calm him down. “The suspect stated he doesn’t know how they got into a fight but he cannot hit his own brother with an electric fan,” according to the affidavit.

Vilisinimisa was booked and transported to the Tafuna Correctional Facility (TCF) to await the next sitting of the District Court.

He is identified as a citizen of Samoa.

DOMESTIC VIOLENCE

On the evening of January 15, 2024, a woman contacted the TPS to report her husband disturbing the peace and damaging valuable belongings in their home in Vaitogi.

The husband (defendant) was arrested and charged:

Count 1: Private Peace Disturbance (DV) — a class C misdemeanor punishable by imprisonment for up to fifteen (15) days, a fine of $300 but not less than $150, or both; and,

Count 2: Property Damage in the Third Degree (DV) — a class B misdemeanor, punishable by imprisonment for up to six (6) months, a fine of $500 but not less than $150, or both.

The defendant’s bail was set at $500.

(To protect the identity of the minors involved, Samoa News has withheld the names of the parties involved.)

According to the affidavit, after the woman contacted the TPS regarding her intoxicated husband, police officers met up with the victim on the same evening at the scene, and she briefed them about the incident.

The victim pointed out the defendant and he was immediately apprehended and placed into a police unit. During the apprehension of the victim, police officers detected a strong odor of alcohol from the defendant.

Police officers also took photos of the property damage by the defendant at the scene.

The defendant was transported to the TPS for further investigation.

The affidavit revealed that according to the wife’s verbal statement, on the day of the incident, “her intoxicated husband came out of nowhere and shouted profanities inside the house.

“He then grabbed a dinner plate and attempted to throw it at her but instead threw the dinner plate towards the kitchen wall and it shattered into pieces.”

She explained that her husband also “broke the wooden chair by throwing it towards the kitchen wall while continuing to shout profanities.”

She recalled that her and their kids felt scared and unsafe during and after the said incident because her husband was intoxicated.

The victim also stated “that the house and property that was damaged belonged to her, and this is not the first time this incident happened.”

The defendant was Mirandized and waived his rights, agreeing to provide a verbal statement.

According to the defendant, “he is a troublemaker but he didn’t know what happened and he didn’t do anything that was mentioned by his wife.”

He was booked and confined at the TCF to await his appearance at the next sitting of the District Court.

The defendant is identified as a citizen of Samoa.