Court Report: Charges, pleas and sentencings
Pago Pago, AMERICAN SAMOA — A former employee of Victor’s Store, who is accused of stealing over $1,000 from his employer last year, has told the court that the accusations against him are true.
Jack Laulu, a 29-year-old male, under a plea agreement, accepted by the court, has pled guilty to forgery.
In his plea, Laulu admits that on or about April 13, 2021, he stole money from his former employer by forging signatures on 4 checks that he took without permission, and cashing them for personal use. The checks were made out to him and were in the amounts of $350, $510, and $415.
Laulu further admitted that on or about May 26, 2021, he made a check out to himself and cashed it for $382.
He told the court that he did not have permission or authorization to issue or cash any of the checks.
Laulu, who is out on bail, is scheduled to re-appear in court on Sept. 13, 2022 at 8:30 a.m. for sentencing.
RILEY ASOVALE
A man who was found guilty of misdemeanor stealing has been sentenced by the District Court to 12 months probation, under several conditions, which include not returning to the scene of the crime, and not committing any crimes during the probation period.
The government’s case against Riley Asovale surfaced two months ago, when a man reported to police that equipment in his truck, which was parked in front of a store, had disappeared. The man was inside the store to make a purchase and returned to find the equipment missing.
A young man had witnessed the defendant taking the equipment and contacted the police, who then questioned Asovale, who admitted that he took the equipment. Asovale told police that he wanted to sell the equipment to a neighbor for cash to buy beer for himself and his friends. The equipment was recovered and returned to the owner.
Besides probation, the defendant is ordered to pay a $280 fine to the court.
WIFE ABUSER PLACED ON PROBATION
A man convicted of assaulting his wife in front of the couple’s young children has been sentenced by the Court to serve 12 months probation after the court waived the 45 days in jail.
The court also warned the defendant he must comply with all conditions of probation, including not threatening or assaulting his wife and children. Samoa News did not identify the defendant in this case, the husband, to protect the victim, his wife.
The defendant pled guilty last week to two misdemeanor counts of assault in the third-degree and private peace disturbance in his family.
The dispute between husband and wife occurred a few weeks ago, after the husband came home late from work and was drunk and the wife got suspicious. Thereafter the couple got into a verbal argument, which was followed by the husband pushing the wife who fell in front of the couple’s children; and the husband then began pulling his wife’s hair and hitting her on the face.
During sentencing, the defendant apologized for his actions and said that their dispute has been resolved.
Other conditions of probation are that the defendant pay a $100 fine and attend and complete alcohol counseling.
VAALELE TINO
The government has charged Vaalele Tino with one count each of trespassing and public peace disturbance — both misdemeanor charges. During last week’s court proceedings, the Court denied a defense motion to release the defendant on his own recognizance and kept bail at $500. No confirmation yesterday if the defendant has been able to post bail.
Court information states that police responded to a call at a family gathering in Taputimu where the defendant allegedly caused trouble and was yelling profanities. The defendant’s uncle, who was at the gathering, tried to take his nephew home but the defendant continued shouting profanities.
The defendant also returned to the gathering calling out for a fight; and this time, the defendant was holding a metal pipe in his hand. Male family members at the gathering chased the defendant to his home, where police later apprehended him.
Upon apprehending the defendant, police say Tino “reeked of alcohol” and also admitted to them that he had been consuming alcohol, according to court information.
SIO FETU
The government has charged Sio Fetu with public peace disturbance, and the Court says the defendant needs to find a way to address his problem with alcohol abuse.
During arguments regarding the defendant’s bail the judge pointed out that it’s clear from court records that Fetu has appeared in court since 2012 on a number of cases resulting from alcohol use.
Fetu was taken into police custody last week after family members contacted police for help to keep peace and harmony because the defendant was intoxicated, causing trouble and swearing at neighbors and others.
As the defendant was transported to the main Fagatogo police station, police detected a “strong odor of alcoholic beverage emitting” from Fetu’s breath and clothes. Additionally, the defendant was helped into the police station because he could barely stand up, let alone walk.
During the booking process, the defendant responded with “slurred speech” and sometimes struggled to answer questions. The defendant was released on his own recognizance.
FALEFATU TA’ALA
The government has charged a 28-year-old man with unlawful possession of illegal drugs and for trying to break into a store in Malaeimi in June of this year. Falefatu Taala made his initial appearance in District Court last month.
Ta’ala, who is on probation after being convicted of stealing and burglary 4 years ago is charged with unlawful possession of the controlled substance, marijuana, resisting arrest and attempted burglary in the second degree — all class D felonies, along with disturbing the public peace (PPD), a class B misdemeanor.
The court established Ta’ala’s bond at $15,000, with the usual restrictions, including he is not to set foot in the store he allegedly tried to break into.
THE CASE
According to the government’s case, a woman informed police about a male who tried to break into a store in Malaeimi on the early morning of June 29, 2022 by trying to damage the side window of the building. The woman was inside her vehicle, which was parked in front of her boyfriend’s home across from the location of the store when she saw the alleged crime and immediately called police for assistance.
Police responded to the call but were unable to locate the suspect, as the suspect had fled the scene before two police units arrived.
Police interviewed the woman who reported the alleged incident and she immediately identified the suspect to police as Falefatu Ta’ala. The witness told officers that she always sees Ta’ala around the area but she doesn’t know exactly where he resides.
Efforts to locate the suspect were unsuccessful. However, two weeks later, the defendant was seen by several witnesses at the same location where he attempted to break into the store and police were immediately notified.
When police arrived, a witness identified the defendant, who was standing at the other side of the store talking to a man. Police approached Ta’ala and asked if he could come with them to the station to discuss an important issue.
Ta’ala was apprehended and transported to the Tafuna Police Station for questioning. Prior to transportation, a body search was conducted and police discovered two rolled cigarettes wrapped together inside a white piece of paper, along with two small stamp-sized baggies containing a green leafy substance inside Ta’ala’s right pocket:
Ta’ala told police the rolled cigarettes were marijuana cigarettes and the green leafy substance were leaves he got from a friend who sells marijuana on the road in the Iliili area. He did not reveal to police his friend's name.
When asked about the alleged incident where he attempted to break into a store in the village, Ta’ala said he didn’t know anything about it.
LANCE PUNIATA
A 44-year-old man from Petesa who was convicted of driving with a permanently suspended license is going to jail.
Lance Puniata, who has been in custody since his arrest last year, unable to post a $5,000 bond, appeared in Court last week where he was sentenced to 20 months at the Territorial Correctional Facility (TCF), as a condition of a 5-year probation term.
Puniata pled guilty to the initial charge under a plea agreement with the government. With his guilty plea, Puniata admits that on the night of Dec. 19, 2021 he operated a motor vehicle while his license was permanently suspended by the District Court.
He had been convicted of driving under the influence three times previously.
When given the chance to speak, Puniata apologized for his actions, and asked for a chance to return home to care for his family. He explained that he was driving to the LBJ Hospital to drop off his sick daughter for her medical appointment, because, no one was available during that time to drive.
The defense attorney reminded the court that despite his client's conviction, it was clear from the police report that there was no alcohol or illegal drugs involved when police pulled him over.
The prosecutor echoed the defense’s motion for a probated sentence, saying the defendant has shown true remorse for his action. She however added that a period of incarceration is appropriate for this case, so a message is sent out to other drivers whose licenses have been suspended — that the court will not take these issues lightly.
The court then sentenced Puniata to 5 years imprisonment; however, execution of the sentence was suspended, and he was placed on probation for 5 years under certain conditions.
He is to serve 20 months at the TCF. After 6 months — which includes time served — the court will consider a motion for work release.
Puniata is not eligible for trustee status while at the TCF.
FRED MAPUSAGA
The 50-year-old taxi driver who was charged with unlawful possession of a glass pipe containing methamphetamine (meth) after his vehicle was pulled over by police in November of last year pled guilty in High Court.
Fred Mapusaga, who has been in custody since his arrest, unable to post a $5,000 cash bond, appeared in High Court last week for a Change of Plea hearing.
Mapusaga, in a plea agreement last month, pled guilty to unlawful possession of meth. With his guilty plea, Mapusaga admits that on Nov. 21, 2021 he unlawfully possessed a glass pipe, which contained meth.
Sentencing is scheduled for next month.