Pago Pago, AMERICAN SAMOA — On April 17, 2024, a woman contacted the Fagatogo Police Station (FPS) to report her husband was allegedly causing a disturbance with the neighbors.

Setu Muliau was apprehended and charged with the following:

Count 1: Public Peace Disturbance, a class B misdemeanor punishable by imprisonment for six months, a fine of $500. or both.

According to the affidavit, on April 17, at about 9:57p.m, a woman contacted Fagatogo Police Station (FPS) regarding her husband who was allegedly intoxicated and was causing a disturbance by yelling profanities while drinking at their family’s grave house — a structure with roof over a grave or graves.

Police officers responded to the call and upon arrival at the scene observed an unknown elderly man (later identified as Setu Muliau, (who is the defendant) sitting in the grave house drinking beer.

They contacted the reporter but she couldn’t come to the grave house due to health issues. Officers then approached the reporter’s residence and she briefed the officers about what happened.

The reporter (who is also the victim) explained that after their evening curfew, the defendant left to go to their mayor’s house. The defendant returned later on and was intoxicated.

The victim stated the defendant left again and went to his sister’s grave house to continue drinking his beers. Later on, the neighbors called saying that the defendant was being loud and was yelling profanities.

The victim explained that they (victim and her son) went to her husband, Setu, to “told him to come home and he can be loud as much as he wants.” But, he refused to listen and started swearing at her and calling her a liar. The victim stated this is not the first time that the defendant has done such a thing.

After the officers interviewed the victim, they met up with the neighbor (witness).

The witness explained that he and his wife were having a hard time sleeping due to the defendant being loud outside their home where his parent’s grave house is located. The witness claimed that the defendant was yelling profanities and saying “ I am Set.” The witness said he told his wife to call the defendant’s wife to notify her of the defendant’s behavior so they could get some rest.

Police officers then apprehended Muliau from the grave house and he was placed in police custody to be transported to the FPS for the booking process.

The affidavit further stated while transporting the defendant, he was being loud inside the police unit saying he did not do anything. Also, the defendant verbally stated he wanted to “initiate micturition” where the defendant was told to calm down until they can find a clear area for him to urinate.

However, the defendant responded, including swearing at the officer. He was told by the officer not to swear at him.

Upon arrival at the FPS, the defendant was booked for confinement. The arresting officer said in his affidavit that he smelled a strong odor of alcohol emitting from the defendant’s breath, and observed reddish eyes like bloodshot and Setu’s speech was slurred speech and he had hard time maintaining his balance.

 The defendant was booked and confined at the Tafuna Correctional Facility (TCF) to await the next sitting of the District Court.

The defendant is identified as a 65 year-old citizen of Samoa.

The affidavit does not state a bail for the defendant.

TOFIGA LIAIGA

On April 18, 2024, Tofiga Liaiga was arrested on charges stemming from a traffic stop on October 15, 2023.

According to the affidavit, on October 15, 2023 at about 4:10 a.m, officers patrolling the public highway observed a vehicle heading southbound with both headlamps and tail lights not working. The traffic stop was conducted in Tafuna.

Upon approach of the driver, officers noticed that he allegedly reeked of alcohol and later identified the driver as Tofiga Liaiga.

Liaiga was asked to produce a driver’s license and he responded that he did not have it with him. The defendant was made to undergo the three field sobriety tests and failed all three. The defendant was also advised of the breathalyzer test, but he refused to undergo the test.

Upon further investigation, officers came to discover that the defendant’s license was suspended for a period of 24 months for a second conviction of driving under the influence.

The defendant was charged with the following:

Count 1:Felony Driving, a class D felony punishable by imprisonment of not less than 90 days and not more than five years, a fine of $5,000, or both;

Count 2: Driving Under the Influence (Alcohol) , a class A misdemeanor punishable by imprisonment for up to one year, a fine of $1,000, or both; and,

Count 3: Non- Possession of Driver’s License, a class B misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $500, or both.

Bail was set at $2,000.