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Court Report: Plea agreements accepted in drug and assault cases

ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A bus driver has admitted that on/ or about July 23, 2021 he had in his possession a glass pipe containing methamphetamine (meth).

Wesley Faapale appeared in court last week for a Change of Plea hearing.

Faapale was initially charged with unlawful possession of meth. But a plea agreement with the government allowed him to plead guilty to a lesser amended charge, a class D felony, punishable by up to 5 years in jail, a fine of up to $5,000 or both.

Faapale has been in custody since his arrest, unable to post a $5,000 cash bond.

According to terms of the plea agreement, the government claims that in July 2021, when several detectives executed a search warrant on a truck that was parked in front of a Nuuuli store, two men were inside the truck — Faapale was one of them.

During a body search of Faapale, officers discovered a glass pipe containing meth in his pocket.

Faapale’s plea agreement was accepted by the court and sentencing is scheduled for next month.

ENARI TUPA’I

A man accused of assaulting another man with a machete last year has entered into a plea agreement with the government.

Enari Tupa’i appeared in High Court last week for a Change of Plea hearing.

Tupua’i, who has been in custody since his arrest last March, unable to post a $25,000 surety bond was initially charged with second-degree assault, a class D felony; and two misdemeanors: third degree assault and public peace disturbance. But under a plea agreement with the government, Tupa’i pled guilty to second-degree assault. The remaining charges were dismissed.

With his guilty plea, Tupa’i admits that on or about Mar. 11, 2021 he caused severe injuries to Willie Tagaloa by striking his back and shoulder with a machete. Tupa’i told the court it was anger that made him do it.

According to notes of the plea agreement, Tupa’i was arrested following a physician's report from LBJ Hospital, noting treatment of a man from Tafeta with severe injuries to his back and shoulder.

Eyewitnesses told police that it was the victim who started the fight, when he approached Tupa'i while he was working on his plantation behind his house and told him to stop cultivating the land, because it's not his land — the land belongs to him (victim) and his family.

Sentencing for Tupa’i is scheduled for next month.

SEMISI ASOFOLAU

A young man accused of stealing money from the cash register of a store early last year entered into a plea agreement with the government last week. Semisi Asofolau was initially charged with first-degree burglary, stealing, and public peace disturbance.

However, he pled guilty to stealing and the remaining charges were dismissed as part of the plea deal.

The court has scheduled sentencing for next month.

Under the plea agreement, Asofolau admits he took money from the cash register of a Nuuuli store on Feb. 27, 2021, and he returned $240 to police. The prosecutor told the court the money has been returned to the storeowner.

According to notes of the plea agreement, Asofolau and two co-defendants, Jerry Vili and Pele Aleki burglarized the store and stole several items including cigarettes, food, and beer on the night of the incident.

Asofolau entered the store first and stole more than $1,000 from the cash register. He told police he gave $200 to Vili, $150 to Aleki, and he kept the rest.

Asofolau has been in custody since his arrest, unable to post a $10,000 surety bond.

Vili and Aleki are scheduled to appear in court next month for their pretrial conferences. Both men are also still in custody, each unable to post their $10,000 surety bonds.

PAULA LAVEA’I

The man charged with unlawful possession of meth after he was caught smoking meth at a store parking lot appeared in Court last week for a Change of Plea (COP) hearing.

Paula Lavea’i, who has been in custody since his arrest last December, is represented by the Public Defender’s office.

Lavea’i was initially charged with unlawful possession of meth. But a plea agreement with the government, accepted by the court, allowed Lavea’i to plead guilty to a lesser amended charge, a class D felony, punishable by up to 5 years in jail, and a fine of up to $5,000 or both.

With his guilty plea, Lavea’i admits that on Aug. 26, 2021, while sitting inside his vehicle at a store parking lot in the Tafuna area, he smoked meth and that the meth was in a glass pipe that was in his possession.

The court asked Lavea’i if he had been under the influence of illegal drugs or alcohol. The defendant said “alcohol”.

When the court asked when was the last time he consumed alcohol, Lavea’i was silent for a few seconds before he said, “August of last year.”

“As of right now, as you sit beside your defense attorney, are you under the influence of alcohol or illegal drugs?” Lavea’i smiled and replied, “Not today, but in August.”

After the court accepted Lavea’i’s guilty plea, the court ordered that he be released on his own recognizance — but only if he tests negative for illegal drugs.

Samoa News understands the test came back negative and Lavea’i was released to await sentencing, which is set for next month.

ENOKA AMITUANA’I

A 40-year-old man accused of assisting two males who burglarized and stole from a home on the westside has entered into a plea agreement with the government.

Enoka Amituana’i was originally charged with one count of stealing, a class C felony, punishable by an imprisonment term of up to 7 years, a fine of up to $5,000 or both.

However, in a plea agreement with the government, Amituana’i pled guilty to the amended count of conspiracy to commit stealing, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both.

Amituana’i admits that on Sept. 29, 2021 he assisted two men who stole from a home in Tafuna by using his vehicle to transport the stolen items and delivering them to his home in Tafeta in an effort to conceal it from everyone, including the police.

He further admits he was the lookout for the two men who were in the house, stealing.

The government recommends that Amituana’i be ordered to pay $669 restitution. Amituana’i, who is out on a $5,000 surety bond, will be sentenced next month.