Court Report
Pago Pago, AMERICAN SAMOA — On May 27, 2024, a traffic stop led to an arrest of a male individual on a variety of charges, including driving a child with no seat belt or car seat.
He 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: Child Restraining Device — a class B misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $500, or both; and,
Count 3: Non-Possession of a 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.
The defendant’s bail was set at $5,000.
(Samoa News has withheld names of those involved to protect the identity of the minor in this case.)
According to the affidavit, on May 27, 2024 at about 7:55 p.m., police officers patrolling the west bound lane in Faga’alu observed a vehicle heading westbound, with a minor child (four to five years-old) sitting in the back seat with her mother allegedly with no restraint or car seat.
Police officers immediately activated the siren and pursued the defendant’s vehicle.
Upon approaching the defendant’s vehicle at Faga’alu Park, police made contact with the defendant, the driver, and informed him regarding the traffic violation and was asked for his driver’s license.
The defendant verbally stated he does not have his driver’s license with him.
He was then asked for any form of identification and he told the officers that he forgot his wallet at home with his IDs and his driver’s license inside.
No other information was offered in the affidavit.
OLDER BROTHER CHARGED WITH ASSAULTING HIS YOUNGER BROTHER
On July 2nd, 2024, Tafuna Police Station (TPS) received a call from Emergency Medical Services (EMS) regarding a minor that was assaulted by his older brother. Police officers later apprehended the defendant and charged him with the following:
Count 1: Endangering the Welfare of a Child (DV), a class A misdemeanor punishable by imprisonment for up to one year, a fine of $1,000, or both.
Count 2: Assault in the Third Degree (DV), a class A misdemeanor punishable by imprisonment for up to one year, a fine of $1,000, or both.
The defendant’s bail was set at $3,000.
(Samoa News has withheld names of those involved in this case to protect the identity of the minor involved.)
According to the affidavit, on July 2, 2024 at about 11:46 a.m, the TPS received a phone call from the EMS personnel reporting that a 17 year-old minor was assaulted at Mapusaga village. The victim sustained a cut on his head.
Police officers were dispatched to the Emergency Room, where they met with the victim’s mother. When the officers interviewed the mother, she claimed that she heard her son (victim) crying and claimed that her eldest son (defendant) struck his head with a rock. The victim told his mother that his brother yelled at him to go home or he would hit him again with the rock.
The mother also said that her son (victim) has special needs and she cares for him because of his condition.
Moreover, the mother stated that this is an ongoing thing between her son (victim) and her older son (defendant). The mother said that the defendant used to assault his brother if he didn't obey him.
The victim’s mother claimed that she was told that the victim was dropped off by a male individual who said that he witnessed the incident. The mother also explained that both of her sons live with her at her family home in Mapusaga.
As the officers proceeded to Mapusaga village to locate the defendant, they met a female individual and she mentioned that the defendant never came back home after he struck the victim with the rock.
The affidavit further stated that on July 3rd, 2024 at about 3:00 a.m during the night shift, TPS received a phone call from the victim’s mother who requested police assistance because the defendant was coming home. The mother claimed she feared for her younger son and that the defendant might hurt his brother again while he is suffering from his head injuries.
Police officers responded to the call and located the defendant at the family home. The defendant was transported to the TPS to be confined at the Tafuna Correctional Facility and to await the next available sitting at the District Court.
SPOUSAL ASSAULT
On July 7, 2024, a female individual contacted the Tafuna POlice Station (TPS) to report her husband who allegedly assaulted her and caused a disturbance in their home. The defendant was apprehended and later charged with:
Count 1: Assault in the Third Degree (DV), a class A misdemeanor punishable by imprisonment for up to one year, a fine of $1,000, or both.
Count 2: Private Peace Disturbance (DV), a class C misdemeanor punishable by imprisonment for up to fifteen days, a fine of $300, or both.
The defendant’s bail was set at $1,000.
(Samoa News has withheld names of those involved to protect the identities of the minors in this case.)
According to the affidavit, on July 7, 2024 at about 2:34 a.m., the TPS received a phone call from a female individual (later identified as the victim) to report her husband. The victim alleged that her husband was disturbing the peace within their family home by shouting profanity.
Police officers responded to the call and upon arrival they made initial contact with the victim.
The victim stated “that about 1:50 a.m, she and her minor daughters ages 15 and 13 went to one of her husband’s relatives to pick up her husband.
“When they arrived her husband was intoxicated,” she said.
The victim explained that she then drove to her home with her daughters and their father inside the car while he was telling her “that he was very disappointed with her behavior”.
The victim alleged that the defendant was shouting and cursing at her while her daughters were still in the car with them.
She explained that when they got to the house, her daughters helped the defendant out of the car and tried to walk him inside the house.
The victim stated that the defendant was not calm and was still yelling and cursing at her and accusing her of sleeping around.
When she got to their room, she asked her 15-year-old daughter to check up on her dad if he was okay. Five minutes later, as they were lying in bed, the defendant walked inside their room yelling and again accusing her of sleeping around.
The victim then claimed that when she got out of the bed, the defendant punched her, causing her to fall on the floor face down. She then heard her daughters yelling at their father to stop.
She explained that her 15-year-old daughter pushed her father on the side of the room to prevent him from hurting her (victim).
The victim stated that she was afraid that her husband might hurt them again, so she contacted the TPS for help.
The wife also mentioned that this matter has been an ongoing matter ever since they’ve been separated, explaining that the defendant stays with her family at their home and he sometimes doesn't come home until the next day when he goes to work.
The defendant was located at his house where he was apprehended and escorted to the TPS for further investigation.
During the booking process, the officers could smell a strong odor of alcohol coming from the defendant’s breath, and he had bloodshot eyes and slurred speech.
The defendant was booked and later confined to be transported to the TCF to await the next available sitting of the District Court.
The defendant is identified as a 39-year-old U.S National.