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Court Report: First cops thought it was littering, then they allegedly found drugs

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — On the night of May 23, 2020, two police officers observed Allen Fuluasou throwing a black plastic bag out of a vehicle in which he was riding, in front of an Asian store in Iliili. They picked up the black plastic bag that Fuluasou threw out and discovered that it was full of trash.

Officers followed the vehicle and pulled it over, however, before the vehicle came to the side of the road, they observed the driver throwing something out and discovered that it was an empty soda can.

Fuluasou was the passenger. (Samoa News is withholding the driver’s name, as he is yet to be criminally charged. Cops issued a citation to the driver.)

The cop who picked up the black plastic trash bag searched the bag and discovered a small plastic container inside. The officer opened the container and found a stamp-sized baggie containing a white crystalline substance, and another plastic baggie containing green leafy substance.

Both Fuluasou and the driver were taken in for questioning. The vehicle was also impounded but later released to Fuluasou’s uncle who was present during the interview. According to the government, the vehicle belonged to Fuluasou’s uncle.

When asked about the meth and the marijuana found inside the small plastic container that was inside the black plastic bag, Fuluasou told police it belonged to him, that he bought it off a couple of guys in iliili, but he didn’t know their names, only that they usually walk around the area selling meth and weed.

Fuluasou told police there was nothing illegal in the vehicle. An inventory was carried out, in the presence of both Fuluasou and his uncle. Police found several empty small stamp-sized baggies commonly used to sell meth, along with 4 empty cut up straws and a broken glass pipe with nothing inside.

The green leafy substance tested positive for marijuana and the white crystalline substance yielded positive results for meth.

According to the government, Fuluasou allegedly admitted to police that both the marijuana joint and the glass pipe belonged to him, and he bought the meth baggie from a friend in Filifili earlier that day. Furthermore, he had been drinking and took two puffs of the marijuana joint.

Fuluasou made his initial appearance two weeks ago in District Court where he waived his right to a preliminary examination. He is charged with one count of unlawful possession of methamphetamine; one count of unlawful possession of marijuana - both felonies.

Bail is set at $10,000.

During arraignment in High Court last week, Fuluasou pled ‘not guilty’ to the charges against him. Pretrial conference is Aug. 7, 2020.

MAN ARRESTED FOR ASSAULTING HIS WIFE

A 45-year-old man who was arrested by police two weeks ago and held at the Territorial Correctional Facility (TCF) for one night for allegedly assaulting his wife, made his initial appearance in District Court last week after which the case was transferred to the Family, Drug & Alcohol Court (FDA.

 (To protect the identity of victims in domestic violence cases, Samoa News is withholding the names of the parties involved.)

According to court documents, around 4:45p.m on May 26, 2020, the alleged victim was brought into Central Police Station by a representative from the Department of Human Social Services because she had been allegedly assaulted by her husband. The matter was then handled by a detective from the DPS Criminal Investigation Division (CID).

The government claimed that the woman seemed scared and hesitant to talk to police when she was first brought in for an interview. However during the interview, she agreed to talk.

She stated to police that her husband came home intoxicated and they got into a verbal confrontation at their home. She stated that her husband cussed at her, said cruel things to her, threw things at her and punched the walls. He also grabbed the car keys and she told him to give her the keys because he was intoxicated.

The confrontation became physical when the defendant allegedly assaulted his wife by punching her in the face. The victim walked away but when she turned around, he punched her again. She then walked into the house to compose herself.

Around 9 p.m on the same day, police officers headed to the family’s home to locate the defendant. Police found him at home, and officers asked him to accompany them to the police station. They then explained to the husband the reason they needed to speak to him.

While on his way to the police station with the officers, the defendant called his wife and asked her why she went to the police. According to the government, the husband became agitated and questioned his wife’s actions and belittled her over the phone. He was then asked by police officers to hang up the phone.

That is when the defendant told police that he and his wife went after he got off work to drink and socialize with friends. He also stated to police that his wife went home and he stayed to hang out some more. Afterwards he went home and his wife started an argument with him.

Police then asked the husband if he assaulted his wife, and his response was “yes”. The husband did not go into details of what happened.

After he was advised of his Miranda Rights, police officers again asked the husband if he assaulted his wife. The defendant stated, “Yes”.

During the interview with police, the defendant was crying and apologized for his actions. He also admitted to police everything his wife had told them. He said he wanted to go to jail for a long time so that his wife would no longer see him around the house. He also told police that it was his wife who started the argument, not him.

The defendant is facing a single count of 3rd degree assault, a class A misdemeanor, punishable by a term of imprisonment of up to one year, and a fine of up to $1,000, or both.

During court proceedings last week, the defense attorney asked that his client be released on his own recognizance, arguing that his client is a first time offender who is employed as a maintenance worker at a private company. He said his client is a hard working family man and he has secured another place to stay while his case is pending.

The prosecutor opposed the defense’s motion, saying the allegations against the defendant are serious and he must be kept in custody to ensure the victim's safety.

The court however said that based on the circumstances surrounding the alleged incident, the court feels the bail amount already set at $1,000 is reasonable; and if the defendant is able to post the cash bond, he is subject to usual bond restrictions, including the defendant not to have direct or indirect contact with the victim along with his three young children, and if he encounters them in public, he is to walk away from them.

The case is now transferred to the Family, Drug & Alcohol Court (FDA), and his next hearing will be next month.

VAINALEPA ULA

A 25-year-old man who is accused of stealing items from an Asian store in Nu’uuli has been charged with misdemeanor stealing and public peace disturbance.

Vainalepa Ula made his initial appearance in court last week, where his attorney requested that his client be released on his own recognizance.

The motion was granted by the court under the usual conditions, including not entering the Asian store where the incident is alleged to have happened.

According to the government, it was around 11 p.m. on June 3, 2020 that police got a call that an intoxicated man stole items from an Asian store in Nu’uuli.

The storeowner told police the defendant came in asking for a beer, cigarettes and canned pisupo, and after he placed the items on the counter, Ula put them inside his bag. Afterwards, the defendant asked for a bag of rice and a case of milk; and when the owner walked towards the back to get the items, Ula fled, and the owner chased after him for payment of the items he took.

The defendant was apprehended and placed in the storeowner’s car to await police, after Nu’uuli residents who witnessed the chase assisted in his capture.

The storeowner told police this was not the first time Ula has done this at his store. The last time the defendant allegedly took two large beer bottles along with canned food and walked away, while he (the owner) was talking on the phone. The next morning, Ula’s sister went to the store and apologized to the owner, before paying for the beer.

Ula’s next court appearance is set for July 2nd.