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COURT REPORT: Assault and drug cases on the calendar

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Two brothers were sentenced to a term of probation after being convicted by the District Court for disturbing the private peace in their family and assault.

The two brothers, Mikaele and Manuele Aulaumea appeared before District Court Judge Elvis P. Patea last Friday for sentencing.

The Aulaumea brothers were each charged with 3rd degree assault; private peace disturbance (PPD) and 3rd degree property damage.

Under a plea agreement accepted by the Court, Mikaele pled guilty to PPD while Manuele pled guilty to 3rd degree assault.

Both defendants admit that on Jan. 5, 2020 at their home in Leone, they assaulted Pateman Aulaumea. Mikaele admits he started the fight by going over to the victim’s house and yelling at him, while Manuele admits that he hit the victim’s chest with his shoulder.

Mikaele was ordered to serve 15 days at the Territorial Correctional Facility (TCF) as a condition of his 6-month probation, while Manuele was ordered to serve 60 days at the TCF as a conditions of his 12 months probation. Both defendants were credited for the 52 days they each served while held in custody, unable to post their bonds.

Each defendant was ordered to pay a fine of $100, and to attend and complete anger management counseling.

VILIAMU LEVASA

A man accused of assaulting his girlfriend is facing three counts of third degree assault and one count of public peace disturbance, all misdemeanors.

Besides allegedly assaulting his girlfriend, Viliamu Levasa is also accused of assaulting a cousin who was trying to protect the victim, who ran towards the home of the defendant’s uncle. It’s also alleged in court filings that the defendant threw a chair at his uncle.

The alleged assaults stemmed from a dispute between Levasa and his girlfriend.

Levasa made his initial appearance last week in District Court and it’s not clear as of yesterday, if the defendant has been able to post bail. But if so, Levasa is ordered not to make contact with any government witnesses in this case, including his girlfriend, the uncle and the cousin, and he is to remain alcohol and drug free.

Court records show that the defendant was previously convicted of third degree assault and public peace disturbance five years ago, on similar charges to those made in his current arrest.

TALOSAGA LIUOLO

Sentencing for Talosaga Liuolo has been continued to Mar. 26th so the court can get information regarding his immigration status, especially the status of his 2-year-old son, who is in the custody of the Department of Human and Social Services.

Liuolo appeared in court last week for sentencing; however, the court ordered to continue Liuolo’s sentencing for another 4 weeks, because it seems there's missing information from the pre-sentence report that the court needs. That information is the status on the defendant’s 2-year-old son.

The court said that according to the information the court has, the defendant was brought over in 2012 to work at a bakery, which is owned by a lady who was the sponsor of the defendant

According to the information before the court, this lady passed away not long ago. This was confirmed by the government’s attorney, which stated that the defendant’s immigration clearance expired in May two years ago.

The defendant presented his statement to the court and asked the court for another chance to return to Samoa to care for his mother.

In his own words, Liuolo told the court he is from Savaii, and he entered American Samoa to seek a better future for him and his family back home.

“During my stay in American Samoa, I’ve made so many bad decisions, including violating the laws of the territory, and I am here to express my apologies to the court for my wrongdoings,” the defendant said.

“I understand the court will hardly accept my request and apology, but I truly seek the court’s forgiveness for my actions and ask for a chance so I can go back home with my 2-year-old son, who is under the custody of the government. I am remorseful and ashamed of my actions.”

His attorney asked the court for a probated sentence and to order his client to depart the territory and stay outside for the duration of his probation.

The court said the charges against the defendant are serious and the court needs to take that into consideration. He also asked the government to file something under seal for the court’s eyes only about the status of the 2-year-old boy who is under DHSS custody.

According to the court, the government has charged Liuolo in two separate cases.

For the first case, the defendant was arrested and accused of possessing a handgun and drugs found during a traffic stop in Aug. 12, 2018.

The government then slapped him with eight charges including attempted assault, unlawful possession of a controlled substance with intent to distribute, unlawful possession of  a controlled substance (marijuana) and unlawful possession of a controlled substance (methamphetamine), possession of an unlicensed firearm, resisting arrest, careless driving and public peace disturbance.

In the second case, Liuolo is charged with escape from confinement, a class D felony, punishable by not more than five years in jail, and/or a fine of not more than $5,000, or both.

However, under a plea bargain that was accepted by the court this week, Liu pled guilty to unlawful possession of a controlled substance (methamphetamine), unlawful possession of a controlled substance (marijuana) and possession of an unlicensed firearm in the first case; and escape from confinement in the second case. The remaining charges were dismissed.

The defendant, admits that on or about the evening of Aug. 12, 2018, he was in possession of methamphetamine, marijuana and an unlicensed firearm.

Liuolo, who is being held in custody without bail, is scheduled to appear for sentencing on Mar. 26. The court has ordered the government to bring all items that were seized in Liuolo’s case to court.