Pago Pago, AMERICAN SAMOA — The High Court issued a bench warrant to arrest a probationer for failure to appear in High Court last week for his “Order to Show Cause” (OSC) hearing. 

Aukusitino Lupe was scheduled to appear in court for his OSC for failure to comply with conditions of his probation, however, when his case was called, his attorney told the court that his client was not there and he had no information as to his whereabouts.

The Court turned to Probation for an answer and Probation confirmed to the court that Lupe was served with a copy of the OSC two weeks ago. The Court then issued a bench warrant for his arrest.

BACKGROUND

The defendant in this matter, Lupe was sentenced to 5 years probation with conditions that included he remain law abiding and not consume or possess alcohol or illegal drugs, after being convicted of assaulting his girlfriend by striking her with a folding chair.

Just months after his release from custody, Lupe was re-arrested and charged with physically abusing his 4-year-old nephew.

The defendant’s niece told investigators that she witnessed her uncle (defendant) slapping her little brother (victim) three times in the face and also kicking him in the face, which caused her brother to cry. She was scared so she called her mother to take her brother to the hospital.

The victim’s mother arrived back home immediately and saw her son (victim) crying and she observed swelling and red marks on her son’s face, that’s when she contacted police.

The defendant explained to investigators that he was disciplining his nephew while he was angry and may have over reacted.

SAMUEL TOALA

A man ordered by the court not to drive a motor vehicle for 6 months after his driver’s license was suspended for a Driving Under the Influence (DUI) conviction was arrested last week after being found driving a vehicle on a public highway.

Samuel Toala made his initial appearance in Court last month.

He is charged with a single count of felony driving while his license or driving privileges were suspended, a class D felony, punishable by a term of imprisonment of not less than 90 days nor more than 5 years, a fine of up to $5,000, or both.

Bail is set at $5,000.

THE CASE

On July 21, 2022 at about 10:15p.m, a woman from Mapusaga Fou called Fagatogo Police Headquarter (FPH) and reported a vehicle — she identified by license plate number — had reversed and struck her husband’s bus parked in front of their house and fled. Two police officers responded to the call.

Upon arrival at the scene, officers were told by the reporter that she had called out to the vehicle that struck her husband’s bus to stop, but it continued to flee.

Officers called FPH to notify all police units on the road to impound the vehicle at the Tafuna Police Substation (TPS) if they observed it on the public highway.

The vehicle was stopped in front of CBT in Nu’uuli 30 minutes later. Investigators arrived at the scene and the driver of the vehicle was interviewed. He was later identified as Samuel Toala, the defendant in this matter.

Toala admitted that he was the one that struck a bus at Mapusaga Fou while trying to reverse his vehicle. When asked why he did not stop after a woman called out to him to stop, Toala said he was afraid that police would arrest him for operating a vehicle while his license is suspended by the court.

During the interview, investigators smelled a strong odor of alcohol on Toala’s breathe. He was booked and confined at TCF. Further investigation revealed that Toala’s license was suspended for a period of 6 months commencing Mar. 18, 2022 after he was convicted for DUl.

WAYNE ALOFA

The government is asking the High Court for an Order to Show Cause (OSC) hearing for Waye Alofa, on the allegation that he violated conditions of his probation. Probation stated that Alofa tested positive for methamphetamine (meth) when he went to the Probation office for his monthly visit.

Probation — in an order for an OSC hearing — stated that while on probation, Alofa was arrested last month on the allegation that he disturbed the public peace in Tafuna. It was that same morning that Alofa was scheduled to visit the Probation office as a requirement of his 5 years probation after being convicted of burglary and stealing 2 years ago.

According to a report from Probation, a probation officer administered a random urinalysis test on the defendant on July 8th, 2022. The collected sample tested positive for meth.

ANESI FETU

The 30-year old man convicted of assaulting another man was ordered by the court not to set foot in the Bowling Alley parking lot during the period of his 24-month probation.

Anesi Fetu under a plea agreement with the government, which was accepted by the court last week,pled guilty to 3rd- degree assault and stealing.

With his guilty plea, Fetu admits that on Jan. 29, 2022, while he was intoxicated, he assaulted a man by punching him multiple times. His actions on that day disturbed the public peace. It happened at at the Bowling Alley parking lot, around 4:34p.m, on Friday, Jan. 29, 2022.

The defendant was with some of his friends, drinking and making noise around the area.

The victim was a 41-year father of four who was sitting in his pickup truck parked in the parking lot, waiting for his friend who was talking to a relative on the other side of the Bowling Alley parking lot.

The victim heard the defendant yelling profanities to a young man, so he told the defendant not to yell profanities because his two young daughters were listening from inside their vehicle.

Fetu responded by walking over to where the victim was sitting in his vehicle and punching him in the face. The victim pushed Fetu away, opened the door of his vehicle and exited the vehicle. As the victim exited his vehicle, Fetu punched the victim again causing the victim to fall down.

 As the victim fell down, Fetu punched him again twice, before kicking him in the back while the victim was still on the ground. Another man who was at the scene jumped in and stopped the defendant. The defendant damaged the victim’s cell phone and took his wallet containing $90 cash inside.

 A few minutes later, police arrived and apprehended Fetu.

When given the chance, Fetu apologized to the court for his action. He also apologized to the victim for what he had done. He then asked the court for forgiveness, and another chance to continue to care for his family.

The court told Fetu that alcohol is not a good friend to him.

Fetu was sentenced to a period of probation of 24 months, subject to several conditions. He has to attend and complete anger management, and he is to pay a fine of $125. While he’s on probation, he is not to set foot in the Bowling Alley parking lot nor to consume any alcoholic beverages, remain law abiding and stay away from his old friends who consume alcohol.

VELI LAUMATIA

Veli Laumatia made his initial appearance in Court last month after a car chase that led officers to discovering drugs in his pocket and more in the vehicle he was driving.

He is charged with one count of unlawful possession of meth and one count of unlawful possession of marijuana — both felonies.

Bail is $20,000 and the preliminary examination (PX) is scheduled for next week.

According to the government’s case, on July 25, two officers received a call about a vehicle pursuit in the Tafuna area. They found the vehicle parked in front of a store in the Petesa area and when they approached it, the truck backed up and almost hit the police unit.

The truck then sped away and police pursued it until the truck stopped in Happy Valley in the Tafuna area. That’s when a male exited the truck and fled on foot and three cops chased him down, apprehended him and escorted him back to the police unit before he was transported to the Tafuna Police Substation (TPS) for questioning. The driver of the vehicle was later identified as Veli Laumatia

During a body search, police found a white medium sized envelope containing four cut-up straws with a white crystalline substance, along with 3 hand rolled cigarettes containing a green leafy substance.

On their way back to his vehicle, Laumatia allegedly told police he had drugs and paraphernalia inside his vehicle as well, which police then confirmed with a search of the truck.

Under the passenger’s seat, cops discovered two small stamp-sized baggies containing a white crystalline substance, along with several empty small stamp-sized baggies.

When questioned, Laumatia told police that the truck belonged to his uncle and everything found in the vehicle belonged to his uncle. He further told police that he borrowed his uncle’s vehicle to pick up his crops from his plantation.

The white crystalline substance and the green leafy substance found in the search, tested positive for meth and for THC/ marijuana, respectively.

IAFETA SAPATI

A man who pled guilty to meth possession was ordered to serve 20 months at the TCF as a condition of his 5-year probation. He was apprehended during a traffic stop and his vehicle impounded due to having no ID on him. It was during the arrest that drugs — meth and marijuana were found in his vehicle, and during a body search meth was found on him.

Iafeta Sapati appeared in Court last week for sentencing. He has been in custody since his arrest in September 2021, unable to post a $15,000 surety bond.

Sapati, under a plea agreement accepted by the Court two months ago, pled guilty to the amended charge of unlawful possession of meth, a class D felony punishable by up to 5 years in jail, a fine of up to $5,000 or both.

Sapati admits that on Sept. 27, 2021 he had on him, drugs and paraphernalia when police pulled over his vehicle for a traffic violation.

When given the chance to speak, Sapati apologized and begged for a second chance so he can return home and care for his wife and kids. He told the court that his eldest son left for school last month, leaving just his wife and their 6 young kids at home.

With tears in his eyes, Sapati said he’s remorseful and knows his kids really need him home.

Defense attorney told the court Sapati was a first-time offender, and the drugs found on him were for personal use. He asked that the recommendation in the Pre Sentence Report (PSR) for probation be accepted. The prosecutor echoed the defense submission.

Sapati was sentenced to 5 years imprisonment. Execution of the sentence was suspended and he was placed on 5 years probation subject to several conditions.

He has to serve 20 months at the TCF, and was credited with the 11 months he has already served. Other conditions of probation require him to remain law abiding, be alcohol and drug free, and he is to pay a $1,000 fine.