Pago Pago, AMERICAN SAMOA — A 53-year-old man charged with unlawful possession of methamphetamine (meth) after he was caught smoking ice in a Tafuna restaurant parking lot has appeared in High Court for a Change of Plea (COP) hearing.

Amituana’i was initially charged with unlawful possession of meth. But in a plea agreement with the government, accepted by the court, Amituana’i pled guilty to a lesser amended charge, a class D felony, punishable by up to 5 years in jail, and a fine of up to $5,000 or both.

With his guilty plea, Amituana’i admits that on Nov. 16, 2021, while sitting inside his vehicle at a restaurant parking lot in Tafuna, he smoked meth so he could stay awake. He also admits that the meth was in a glass pipe that was in his possession.

When the court asked when was the last time he consumed alcohol or drugs Amituana’i was silent for few seconds before he said, “December of last year.”

“As of right now, as you sit beside your defense attorney, are you under the influence of alcohol or illegal drugs?” Amituana’i smiled and replied, “Not today, but in December.”

After the court accepted Amituana’i’s guilty plea, the court ordered him released on his own recognizance — but only if he tested negative for illegal drugs.

Samoa News understands the test came back negative and Amituana’i was released to await sentencing, which is set for next month.

BACKGROUND

Amituana’i was arrested on the early morning of Nov. 16th, 2022 after a woman contacted the Tafuna Police Substation (TPS) informing them about a man who harassed her while he was sitting inside his vehicle.

The woman also told police that the man, who looked drunk asked her to come inside his vehicle so that they can talk because he’s lonely and he wanted someone to talk to.

Two police officers responded to the call and observed a woman standing at the back of her vehicle parked at the Tafuna restaurant parking lot. The woman pointed officers to the vehicle where the man was sitting.

 After speaking to the woman, officers approached the black pickup truck and observed a man sitting inside the vehicle alone. The man was later identified as Siaosi Amituana’i, the defendant in this case.

When officers approached Amituana’i, he was holding a glass pipe containing a white crystalline substance. When asked by officers, Amituana’i said he smoked meth so he could stay awake.

Amituana’i was arrested and later transported to the TPS for further investigation. During his arrest, officers smelled a strong odor of alcohol emitting from the defendant’s breath and body.

CALVIN TIMOTEO

Before the court handed down the sentence for Calvin Timoteo last week, the defendant was told that the Probation Office's pre-sentence report indicates that three families — who are the victims in this matter — want the court to impose the maximum sentence allowed under the law.

However, the court looked at a probative sentence, which will give the defendant a chance to turn his life around and find a job to pay a court imposed fine.

According to the government, Timoteo broke into four separate locations — three residential homes and a store — from where he stole various items including television sets and speakers. He later sold the items to others.

During sentencing last week, the defendant apologized and sought leniency from the court, which would allow him to return home to be with his parents and find a job to support his wife and children.

The defense attorney asked the court to hand down a probative sentence for his client, and also noted that Timoteo, who he said is remorseful, is a first time offender.

According to the defense, Timoteo has a drug problem and therefore needs some sort of drug rehabilitation program.

The prosecutor didn’t object to a probated sentence, but requested the court to order the defendant to pay restitution to his victims, for the property that he stole.

The government’s attorney pointed to the pre-sentence report prepared by the Probation Office, which quotes the defendant’s wife and mother requesting that Timoteo not be released from jail too soon, but to keep him in custody as a lesson for his crimes.

The court wanted to know if the personal property stolen by the defendant had been returned to their owners, and the government said no, adding that Timoteo stole two television sets — which he damaged after he found out that they were not working properly.

As for the stolen speakers, Timoteo sold them.

The defendant was informed that the court had received statements from the affected families, who wanted him to be sentenced to the maximum punishment under the law.

Under a plea agreement with the government, the defendant pled guilty to four felonies — two counts of stealing, one count of first-degree burglary and one count of second-degree burglary.

The court sentenced Timoteo to 7 years imprisonment but execution of the sentence was suspended and Timoteo was placed on 7 years probation, with the condition that he serve 28 months at the TCF, and he is prohibited from associating with the other two men who were involved in the break-ins.

He is also prohibited from consuming alcohol or drugs.

Timoteo was ordered to pay $890 in restitution to the victims and once released from jail, he must find a job within 60 days.

SOLOMONA VILIAMU

Solomona Viliamu has been convicted of misdemeanor third-degree assault.

According to court information, Viliamu assaulted the driver of a car who almost hit him and his son.

During sentencing last week, Viliamu was ordered to pay a fine of $150, and apologize to the driver he assaulted. He was also ordered to attend and complete anger management counseling.

Viliamu told the court that he assaulted the driver of the vehicle that almost hit him and his son, because he was very angry.

According to court information, the victim told police that he was trying to avoid a large pothole on the road, by swerving around it, and he didn’t see the defendant and his son on the road.

While Viliamu and his son passed by a store in the area, he observed the victim’s vehicle parked in front of the store.

Viliamu told his son to wait outside of the store while he went inside to buy them drinks. Viliamu went inside the store and saw the victim was standing on the line ready to pay for his shopping. Viliamu followed the victim to his vehicle and approached the victim about what happened.

After a brief conversation, Viliamu punched the victim in the face and slammed the victim’s head towards the victim’s car. Viliamu also choked the victim.

PONI SULUGA

A 40-year-old man who is on probation for 24 months was arrested last week on the allegation that he assaulted his neighbor while he was intoxicated.

Poni Suluga made his initial appearance last week in District Court. He is charged with 3rd- degree assault, trespass, resisting arrest, and public peace disturbance — all misdemeanors.

During his initial appearance, the court established Suluga’s bond at $1,000, with the usual restrictions.

Suluga is accused of unlawfully walking onto a neighbor’s land and allegedly assaulting his neighbor by punching him in the face multiple times while he was intoxicated. The victim’s wife told police that this is not the first time Suluga has done this to her husband.

According to the wife, Suluga became upset when her husband did not do what the defendant wanted him to do. The victim and his family are living on land belonging to Suluga and his family.

Suluga prohibited the victim and his family from cultivating one area of the land; however, Suluga’s elder brother who left the island while Suluga was in prison around June instructed the victim’s family to use the land for their plantation.

Last week while Suluga was drinking beer behind his house, he allegedly saw the victim working on the land. He then waited until the victim went to his house before he walked over, forcibly entered the home, and allegedly assaulted the victim.

Suluga is scheduled to appear in court on Aug. 28 for his pretrial conference.

BACKGROUND

In January of this year, Suluga was convicted of 3rd- degree assault and endangering the welfare of a clild, both class A misdemeanors.

He was placed on probation for 24 months subject to conditions that he not consume any alcohol or possess any illegal drugs, and attend and complete an alcohol counseling program. He was also ordered to serve a period of detention of 120 days and to pay a fine of $100.