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Court Report: Arrests, charges and plea agreements

ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A man accused of assaulting a 14-year-old family member was arrested by police and he’s now being charged. When questioned by police, the defendant, Taotofi Salesa stated that the reason why he did this to his relative was to teach him a lesson because he always disrespect him.

Salesa appeared in Court last month for his initial appearance.

Salesa is charged with one charged one count of abuse of a child (involving domestic violence), a class D felony, punishable by a term of imprisonment of up to five years, a fine of up to $5,000, but not less than $150, or both.

Bail is set at $10,000.

If he posts bond, Salesa is ordered by the court to find another place to stay and is not have any direct or indirect contact with the victim and his family.

THE CASE

On May 7, 2022 at about 6:36p.m, several police officers proceeded to an unrelated call in Malaeimi regarding a man allegedly beating a young boy outside of a store. As responding officers were about to leave the scene, they heard a loud scream of a person in danger and in need of help from approximately 50 feet from where they were standing.

Officers were notified by a bystander that the loud scream was coming from the area close to the store ahead of them.

Officers quickly proceeded to the new location next to the store, where the loud screaming was coming from, and they met up with a young boy while other officers met up with a male by the name of Taotofi Salesa, who was later identified as the defendant in this matter.

The young boy was later identified as the 14-year-old victim in this case. Salesa and the victim are related to each other.

Officers conducted a field interview of the victim and saw that the victim was in fear, shaking and shivering at the same time trying to explain what had happened.

The victim told officers that he went with his Salesa to buy a chicken box and taro for their family, Salesa resides with the victim’s family.

According the victim’s statement to officers, he told Salesa to carry the chicken box while he was carrying other stuff, but Salesa refused. He then swore at Salesa in front of customers inside the store.

Salesa then slapped him in the face inside the store numerous times and while he was trying to push Salesa away, he (Salesa) continued to assault him inside the store.

When they got outside the store, the victim stated that Salesa took him next to the store where there was no surveillance and strangled him with his bare hands, while punching him in the face. Salesa pushed him to the ground and stepped on his stomach while at the same time continued to slap him in the face.

The victim further stated to officers that he doesn’t know what triggered Salesa to assault him with anger. He said he begged Salesa to stop but Salesa continued to slap him in the face. He tried very hard to push Salesa’s hand from his neck while he was strangling him.

Two witnesses present when the incident happened confirmed to police that Salesa slapped and choked the victim with his bare hands.

Salesa was apprehended and later transported to the Tafuna Police Substation (TPS) for questioning where he stated to investigators he understood his constitutional rights and he wish to make a statement.

Salesa admitted assaulting his relative by slapping him in the face and choking him, because he wanted to teach him a lesson for showing him (Salesa) a bad attitude. Salesa further stated to investigators that he also pushed the victim on the ground.

JERRY TAULAGA

A man is now in custody after he was arrested by police last month on the allegation that he sexually abuse a 16-year-old girl.

Jerry Taulaga made his initial appearance in Court last month.

He is charged with one count of sodomy, a class B felony punishable by a term of imprisonment of not less than five years nor more than fifteen years; and one count of 1st degree sexual abuse, a class D felony, punishable by a term of imprisonment of up to five years, a fine of up to $5,000, or both.

Bail is set at $15,000.

If he post bonds, Taulaga is order not to have any direct or indirect contact with the victim or her family. The court made it clear to the defendant that the no contact order include phone calls, emails and Facebook messages.

During his initial appearance, Taulaga waived his rights to a preliminary examination (PX).

Taulaga appeared in High Court last week where he entered a not guilty plea to the charges against him. His pretrial conference is scheduled in August of this year.

THE CASE

Investigation disclosed that Jerry Taulaga from Ottoville allegedly sexually abused a 16-year-old girl numerous times. According to the government, Taulaga and the victim have been in girlfriend and boyfriend relationship since October of 2021. They met via Facebook messenger.

On May 20th, the victim’s mother learned that her daughter was dating Taulaga, she went  to TPS with her daughter because she was frightened of the repercussions and needed to end the connection immediately.

During the victim’s interview with investigators, she stated that she spend three times with Taulaga and that each time they were at the Fagatogo market place. While they were together, Taulaga touched her in appropriately.

The victim further stated that they used to hang out just outside of her school’s grounds on several occasion last year. Taulaga would come to her school practically every day at around 8:30a.m to deliver food for her uncle, who is a teacher there, and he would stop by her classroom to see her.

According to the victim, Taulaga would ask her to accompany him to Fagatogo every time he come by the school.

TUANA’I AGAFILI

A man accused of stealing merchandise and money from his former employer has admitted to one of the charges against him, under a plea agreement.

Tuana’i Agafili, who was released on a $10,000 surety bond, appeared in court last week for a Change of Plea hearing.

He was initially charged with stealing and first degree burglary, both class C felonies; along with trespass and third degree property damage, both class A misdemeanors.

However, under a plea agreement accepted by the court last week, Agafili pled guilty to one count of stealing, a class C felony, punishable by imprisonment of up to 7 years, a fine of up to $5,000 or both.

With his guilty plea, Agafili admits that on Oct. 12, 2021 around 12:30 a.m, he forced his way into Kim’s Mart in Tafuna by breaking the side window to gain entry into the store.

While inside, he stole merchandise valued at more than $100, along with a glass bottle which was hidden under the owner’s desk, containing $396.75 cash.

As a condition of the plea agreement, the government is asking for a probated sentence with the condition that Agafili pay restitution of $1,039.05 to his former employer.

Sentencing is scheduled for next month.

NATHAN SIONA

The passenger in a black truck in which investigators allegedly found a bag containing a white crystalline substance and drug paraphernalia has been arrested and charged with unlawful possession of drugs.

Nathan Siona made his initial appearance in Court three weeks ago. He later waived his right to a preliminary examination and his case has been bound over to High Court.

Siona, 35, is charged with one count of unlawful possession of methamphetamine, a felony punishable by imprisonment of 5-10 years, a fine between $5,000-$20,000 or both.

Bail is set at $5,000

THE CASE

Siona and another male, identified as Gasio Faalupega, were in a truck driven by another man when patrol cops pulled them over in the Tafuna area in the beginning of last month for having no lights over the license plate. The driver was later identified as Uati Filoi.

Siona was in the passenger seat while Faalupega was riding in the back seat.

When asked for a driver’s license, the driver told police said she did not have any form of identification on her. It was later confirmed that her license expired Sept. 20, 2020.

As the officer was speaking to the driver, he noticed Siona using his left foot to push something under his seat. And when Siona moved his left foot, the officer saw a broken glass pipe, under Siona’s foot.

Everyone was then instructed to exit the vehicle. The driver was told that the vehicle would be impounded the TPS and all of them were being taken in for questioning.

The driver agreed but Siona resisted, saying he needed to go home to buy food for his elderly mother. He later agreed to go with police.

Before Siona got into the police unit, cops checked the back seat to make sure everything was clear. At the TPS, the two cops who escorted Siona said three empty stamp-sized baggies fell out when Siona exited the police unit. One officer asked Siona about the baggies and he told officers he don’t know anything about the drugs.

A search of the police unit was carried out, exactly where Siona was seated, and netted a small pouch on the floor containing a clear glass pipe with meth; 5 empty stamp-sized baggies, and 8 empty medium-sized baggies. The white crystalline substance tested positive as meth.

During a body search, officers found two small stamp-sized baggies containing a white crystalline substance inside Siona;s pants. In his statement to investigators, Siona said he bought the baggies from a friend at the market, while the glass pipe with meth didn’t belong to him.

Filoi, along with the other passenger, Faalupega were both released after questioning pending further investigation.

MANASE TATUPU

A young man from Tafuna with a long criminal history entered into a plea agreement with the government last month.

Manase Tatupu, who is on probation, was initially charged with 4 misdemeanors including 2 counts of third degree assault, resisting arrest, and public peace disturbance.

However, under a plea agreement with the government, Tatupu pled guilty to public peace disturbance and the remaining charges were dismissed.

With his guilty plea, Tatupu admits that on Jan. 19, 2022 in Tafuna, he disturbed the public peace by being involved in a fight, during which he became loud and created fear in others.

The court sentenced Tatupu to 6 months (180 days) probation.

According to court records, Tatupu has been detained since his arrest and therefore has already served 129 days in prison.

The court then ordered that Tatupu be released from the TCF, however he will remain at TCF, pending a hearing to revoke his probation in the High Court next week.

During court proceedings, Tatupu apologized for what he did, saying he is remorseful and that he has learned his lesson. He also apologized to his mother and family, especially those who were affected by his actions.

The government's case states that on the day of the incident, police responded to a call from someone in the Tafuna area, requesting police assistance to a disturbance.

When the cops arrived, an unknown male, who was later identified as Tatupu, yelled profanities at the police and asked them to leave the area.

In 2015, the Court placed Tatupu on probation for five years, after he was convicted of felony driving and resisting arrest. As a condition of his probation, he was ordered to serve 20 months in jail and remain a law abiding citizen.