Pago Pago, AMERIAN SAMOA — The Court has issued a bench warrant for the arrest of Faavae Samuelu after he failed to appear for a hearing last week. According to the Court, this is the second time this defendant failed to appear when his case was called.

One of the conditions of his release on bond is that Samuelu has to make all of his court appearances and stay in close contact with his defense attorney.

Samuelu was scheduled to appear in court last week for his pretrial conference, however, when his name was called, he was not present. The court then issued a bench warrant for his arrest and bail is set at $1,000.

BACKGROUND

Faavae Samuelu is charged with unlawful possession of marijuana, an unclassified felony, and for resisting arrest and 2nd- degree assault.

The government alleges that on Jan. 21, 2021 police responded to a call from someone in the Tafuna area, regarding a disturbance.

When cops arrived, the defendant was standing on the other side of the road holding a metal pipe in his right hand with a rock in his left hand. Another man, later identified as the victim was sitting on a chair in front of the store while two men were assisting him with his injuries.

Before Samuelu was taken to the TPS for questioning, he was patted down for weapons. During a body search, cops discovered drugs in his possession.

One week after he made his initial appearance, Samuelu was released from custody after he posted a $10,000 bond.

LAULALA SOSAIA

The High Court has continued for one week, sentencing for Laulala Sosaia while additional information is being sought as to the status of the goods and property the defendant allegedly stole from a store in the Tafuna area. The Court wants to know if any of the stolen property has been returned to the company, in order for the court to fashion an appropriate sentence for the accused.

Under a plea agreement with the government Sosaia pled guilty to one count of felony stealing, a crime punishable by not more than 5 years imprisonment, or a fine of $5,000 or both.

The defendant appeared last week in court for sentencing where he sought leniency, and for a chance to be released from custody to return home to care for his family and turn his life around.

The defense attorney argued for a probated sentence; and he requested work release if the defendant is given a jail term. He said work release would allow Sosaia to work and earn money to help his family, while serving his time in jail as well as paying any fines imposed by the court.

Although the government is not opposed to a probated sentence, the prosecutor said there should be an order for the defendant to pay for the victim’s goods and property that he stole.

However, the court wasn’t able to determine during the hearing the value of the goods and property stolen, what was stolen, and whether any of the goods stolen were returned to the owner of the store. Therefore another hearing is set for this week for the defendant, who remains in custody unable to post bail.

IOSEFA TAULIA

The Court has given a bus driver 90 days to pay his fine in the amount of $1,000 in full, or he will be found in contempt of court for failure to comply with conditions of his 2017 probation.

Iosefa Taulia appeared in Court last week for a Probation Review hearing.

According to the Probation report presented to the court, Taulia is current with most of his probation conditions, including his alcohol counseling and paying his restitution in the full amount of $405.42. However, for his fine of $1,000, he has only paid $217.

Taulia’s probation will be complete at the end of this year.

When asked for the reason why he has not paid off his fine, Taulia told the court that he has a lot of personal obligations to take care of first, such as his family fa’alavelaves and also supporting his family and paying his bills.

The court reminded Taulia that the reason the court had stayed the remaining period of his detention — after he served 9 months — was to give him the opportunity to seek employment to pay his fine and restitution.

The court told Taulia that if he thinks that his faalavelave is more important than this fine, just come back to court after 90 days and he will find out what happens to him and his case.

Taulia immediately apologized to the court for not paying his fine, and stated that he had already spoken to the probation officer about his fine, and they agreed that he will make a payment of $200 a month.

The court reminded Taulia that his agreement with the probation office is not binding on the court. Once the court orders him to pay his fine, he has to comply.

VAELUPE FAAMANATU

A man who assaulted another man by punching him in the face and kicking him multiple times while he was on the ground was sentenced last week to 24 months behind bars.

Vaelupe Faamanatu, under a plea agreement with the government, accepted by the court, has pled guilty to third-degree assault and third-degree property damage.

Faamanatu admits that on Oct. 27, 2021 he assaulted the victim, who had joined their drinking session at Faamanatu’s home. A verbal argument erupted between the victim and one of Faamanatu’s friends, causing Faamanatu to instruct his friend to leave.

As Faamanatu’s friend was leaving the area, the victim yelled out to him and challenged him to a fistfight. That’s when Faamanatu, who had tried hard to calm things down, punched the victim, causing the man to fall down.

While on the ground, Faamanatu kicked the victim in the back and on his face before punching him again. When cops tried to place him under arrest, Faamanatu refused to have his hands cuffed. He walked away from officers and also damaged the side window of the victim’s vehicle valued at over $100.

Faamanatu apologized to the court and begged for a second chance, saying he is the only person working to support his 4 children.

The court sentenced Faamanatu to 24 months in jail, subject to several conditions, including paying a $120 fine, and attending and completing anger management counseling.