Pago Pago, AMERICAN SAMOA — A taxi driver and a passenger who were arrested and charged for violating local drug laws after police executed a search warrant on a taxi cab in Nu’uuli last year have entered into a plea agreement with the government.

Joseph Maluilafitaga and Ben Toia appeared in court last week for their plea agreement with the government.

Maluilafitaga, a taxi driver, was initially charged with unlawful possession of methamphetamine (meth) and unlawful possession of meth with the intent to distribute. But under a plea agreement with the government, accepted by the court, he pled guilty to a lesser, amended charge.

In court last week, Maluilafitaga admitted that on Feb. 23, 2021 he unlawfully possessed 3 stamp-sized baggies containing meth. The intent to distribute charge was dismissed.

Toia was initially charged with unlawful possession of meth. But a plea agreement with the government, accepted by the court, allowed Toia 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, Toia admits that on Feb. 23, 2021 he had in his possession, two small stamp-seized baggies containing meth. He said the two baggies belonged to him and he bought them for $50 from his friend Maluilafitaga, before they were pulled over by police.

Maluilafitaga and Toia have both been in custody since they were arrested, unable to post $5,000 cash bonds. They will be sentenced in July of this year.

MANASE AFITUA

A man from Petesa has been convicted of escape from confinement, a felony punishable by imprisonment of not more than 5 years, and/or a fine of not more than $5,000 or both.

Under a plea agreement, Manase Afitua, 31, admits that on or about Oct. 04, 2020, he escaped from the Territorial Correctional Facility (TCF) while serving a 5-year sentence handed down in 2017 for second-degree assault.

The government is recommending that Afitua be sentenced to 5 years in jail, to run consecutively with his previous sentence.

Afitua is not new to the justice system. He first appeared in court back in 2016 where he was convicted of assaulting a taxi driver by punching him in the face while he was inside the car. At the time, he was ordered to serve 20 months imprisonment as a condition of a 5-year probation term.

A few months after he was released in 2017, police arrested him again for assaulting another man and stealing his wallet. In that case, Afitua was convicted of second-degree assault and ordered to serve 5 years in prison.

In 2020 while serving his period of detention, Afitua escaped from the TCF.

He will be sentenced in August of this year.

FALEVAAI TAPELU

A 39-year-old man accused of assaulting another man during a land dispute between two families in January of last year admitted his action during a Change of Plea hearing last week.

Falevaai Tapelu, who was released on his own recognizance, was initially charged with third-degree assault, public peace disturbance and trespass, all misdemeanors. However, under a plea agreement with the government, Tapelu, a local farmer, pled guilty to the charge of third-degree assault, a class A misdemeanor, punishable by up to one year imprisonment, a fine of up to $1,000 or both.

When asked to describe to the court what he did, Tapelu stated to the court that on January 29 of last year, he assaulted Calvin Fu’a by punching him in the face multiple times causing him to fall and then kicked him in his back while he was lying on the ground. Furthermore, Tapelu stated that he was really angry over what Fu’a said to his father when the two families argued during a land dispute at their village, and that’s why he assaulted him.

When asked for facts of the case, the government’s attorney stated to the court that on January 19, the defendant assaulted the victim during a land dispute in front of the victim’s home in Vaitogi. The government claimed that before the assault took place, a verbal argument erupted between the defendant and the victim after families of the two men argued during a land dispute.

The victim then apologized to the defendant for what he did, however, the defendant was still mad at him.

After the verbal argument, the defendant confronted the victim again and then assaulted him. The defendant was intoxicated during the time of the offense.

When given the chance to address the court, Tapelu apologized and begged for a second chance to continue his service for his family. He also apologized to the victim, who he addressed as a ‘brother’. Tapelu said that he had already apologized to the victim and his family, and they accepted his apology.

He stated that alcohol played a huge role during his action. He said that on the day of the incident, the victim apologized to him for what he (victim) said to his (defendant’s) father, however, he tried to calm his mind down and accept the apology but he was unable due to the fact that he was very drunk.

Both attorneys recommended a probated sentence with anger and alcohol counseling for the defendant.

After reviewing all the facts of the case, the court sentenced Tapelu to 12 months probation, subject to several conditions including keeping the peace at his residence at all times, staying clean from alcohol and illegal drugs, and he must attend and complete anger and alcohol management counseling.

He was ordered to serve 30 days at the TCF, however, the court deferred his jail term, as long as he complies with conditions of his probation. The court also ordered Apelu to pay a $120 fine within 30-days of his probation.

FAAFEU KALIFA

A man accused of cursing and causing disturbance in his neighborhood on Dec. 22, 2021 entered into a plea agreement with the government last week in Court.

Faafeu Kalifa was originally charged with three misdemeanor courts of public peace disturbance, resisting arrest and escaping from confinement. However, under a plea agreement with the government, accepted by the court, Kalifa pled guilty to resisting arrest, a class A misdemeanor, punishable by up to one year in jail, a fine of up to $1,000 or both.

By his guilty plea, Kalifa admits that on the night of Dec. 22 of last year, he disturbed the public peace in his neighborhood of Mesepa. Furthermore, Kalifa also admitted that he was intoxicated on the night of the incident, and he also escaped from police while they were trying to place him in custody.

However, police were able to apprehend him and take him to the Tafuna Police Substation (TPS), where the defendant complained of pains in his abdominal area and problems breathing. He requested medical assistance and the EMS showed up.

The defendant then requested further medical treatment at LBJ hospital and EMS transported him to the hospital, according to the government, and upon arrival at LBJ hospital, the suspect fled the hospital before he could be treated. The defendant was later apprehended.

Both parties recommended a probated sentence without any jail term.

After reviewing facts of the case, the court sentenced Kalifa to 6 months probation subject to several conditions. The court ordered Alefa to pay a $120 fine within 30-days of his probation and to stay clean from alcohol and illegal drugs. He was ordered to serve 15 days at in jail, however, the court deferred all of the jail term based on his good behavior.

As a condition of his probation, Kalifa was ordered to secure and seek gainful employment, and not to set foot on his neighbor’s property during the duration of his probation.

SIONE FALAMAPU

A 50-year-old man accused of violating drug laws has entered into a plea agreement with the government.

Sione Falamapu, who has been in custody since his arrest, unable to post a $5,000 surety bond appeared in court two weeks ago for his Change of Plea hearing.

Falamapu was originally charged with one count of unlawful possession of a controlled substance, to wit; meth, a felony punishable by not less than five or more than ten years in jail, and a fine of not less than $5,000 or more than $20,000, or both.

However, in a plea agreement with the government, Falamapu pled guilty to unlawful possession of a controlled substance, to wit; meth. With his guilty plea, Falamapu admits that on June 30, 2021 he unlawfully possessed a glass pipe and two cut up straws containing meth.

According to terms of the plea agreement, Falamapu’s vehicle was pulled over by police officers during a traffic stop in Futiga. During a body search, officers discovered the illegal drugs on the defendant.

When asked by police, Falamapu said that the illegal drugs are for his own personal use and he used it to help him when working at his plantation.

Falamapu was remanded back to the custody of the government awaiting his sentencing in August of this year.

TALAIMANU ATAPANA

A man accused of assaulting his neighbor has been sentenced in Court to 24 months probation, after he pled guilty to 3rd-degree assault and trespass under a plea agreement with the government last week.

When given the chance to address the court, Talaimanu Atapana, who was out on a $300 surety bond, apologized for his actions, and begged for another chance to serve his family.

He also apologized to his neighbor and his family and asked for their forgiveness. Atapana told the court that he has learned his lesson — that breaking the law is not a good thing. He said that the 3 weeks he spend behind bars teaches him a  good lesson on how to discipline himself and control his anger.

During sentencing last week, the government requested 12 months probation, and this would include the 18 days of pretrial confinement he served before he posted bond.

According to the court, it was Feb. 21, 2021 that Atapana was convicted of private peace disturbance after he got into an argument with his sister. However, eight months after he was sentenced for that crime, Atapana was charged with assaulting his neighbor in the presence of the victim’s wife and young children.

The Court noted that it has become a habit for defense and government attorneys to request that pre-trial confinement be included in any court sentence.

It was also noted that of the many assault cases that have come before the court, it’s very rare to see a defendant charged with assaulting a relative in the presence of that person’s children.

As a condition of his 24-month probation, Atapana was ordered to serve 30 days in jail. However, the jail term was deferred based on Atapana’s good behavior.

Atapana was also ordered to pay a fine of $200, remain law abiding, be alcohol and drug free, and lastly, he has to maintain the peace at home for the duration of probation.

The court also make it clear to the defendant that if he violated any conditions of his probation, there will be no more chances for him but he would be ordered to serve the full suspended period of imprisonment.