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Court Report

Translated by Samoa News staff

TWO YOUNG MEN FACE CHARGES IN PAGO PAGO FIGHT

Police took into custody on Tuesday night two young men following a fight in Pago Pago between the youth of Pago Pago and those from Fagasa and Fagatogo, according to court information.

The accused, Divine Laina and Garfield Himphill, made their initial appearance Wednesday in District Court, where Laina was charged with four counts: two counts of third degree assault and one count each of public peace disturbance, and under age drinking — all misdemeanors. For Himphill, he is charged with one misdemeanor count of third degree assault.

According to court information the fight began when Laina allegedly threw a beer can towards a Fagasa youth, followed by the defendant walking towards the youth, who was then allegedly punched by the defendant. It was then that other youth and young men, including Himphill, from Pago Pago all jumped in and allegedly assaulted other youth, who were in front of a store in Pago Pago, and from the villages of Fagasa and Fagatogo.

One youth was reportedly injured but the extent of his injuries is unknown. There was no indication during the court proceedings as to what the youth and young men from Fagasa and Fagatogo were doing in Pago Pago that Tuesday evening. There was also no information to what prompted Laina to start the fight.

Court information says the charge against Himphill stems from him punching another youth as well as the driver of a pickup truck who came to pick up the youth, from Fagasa and Fagatogo.

It was revealed during the hearing that Laina and Himphill both have previous records with the court including fines, which neither of the defendants paid. Himphill was convicted and sentenced in 2013 for public peace disturbance, with a fine of $70 — not yet paid, while Laina, who’s criminal record began while in his early teens, is on probation for previous run-ins with the law. No specific details were mentioned in court on Laina’s crimes, which allegedly occurred while a youth, and he is now 18-years-old.

Public Defender Douglas Fiaui argued for both defendants to be released on their own recognizance without bail. However, the government recommended that Himphill be released without bail, while a bail amount be set for Laina, because he started the melee.

District Court Judge Elvis P. Patea agreed with the government and set Laina’s bail at $200, while Himphill was released on his own recognizance.

No confirmation yesterday if Laina was able to post bail and both defendants will return to court on Jan. 11, 2017 for their next hearing. The court also set several conditions of release for both young men and includes that they make no direct or indirect contact with any of the individuals who were assaulted. Laina was also ordered not to consume alcohol and he is subject to random drug and alcohol testing by the probation office.

REGGIE MALAE VA’AVALE

A 24-year-old man accused of breaking into a home last year will be sentenced Jan. 6, 2017, after he pled guilty under a plea agreement with the government.

Reggie Malae Va’avale was initially charged with one felony count of breaking into a family home and two misdemeanor counts of third degree assault and public peace disturbance.

However, under a plea agreement with the government and accepted by the court, the government amended the first count — breaking into a home — to felony stealing, to which the defendant pled guilty, according to the agreement read in court.

For the guilty plea, the defendant admitted that some time on July 21, 2015 he broke into a home, where he saw a person in the house heading towards him. The defendant then punched the person, who was holding a laptop, which fell down. The defendant also admitted that he took the laptop.

As the plea agreement was read in court, Chief Justice Michael Kruse interjected and asked the defendant if he understands all of the provisions of the plea agreement to which the defendant responded, no.

Kruse asked why he did not fully understand the plea agreement, which the defendant signed with the government, and Va’avale replied that the men, who told him to sign the agreement, rushed him.

And who are the men who told him to sign the plea agreement, Kruse asked, and Va’avale responded, “It was Junior and White.” Junior is the Public Defender’s Office interpreter and White is Michael White, assistant public defender, and attorney for the defendant.

Va’avale’s response promoted Kruse to call a recess to allow the defendant more time to discuss the plea agreement with White. About an hour later, court proceedings resumed with the defense telling Kruse that Va’avale fully understands all provisions of the plea agreement.

“Do you fully understand the plea agreement you signed with the government?” Kruse asked and the defendant responded, “yes.”

According to the government, the laptop that Va’avale took costs around $1,500.

With the plea agreement accepted by the court, the misdemeanor charges against Va’avale, who remains in custody unable to post bail, were dismissed.

(Original Samoan stories were published in the Lali section of Samoa News editions on Wednesday and yesterday)