Court Report: Probation violations, assault sentence, felony plea agreement
Pago Pago, AMERICAN SAMOA — A man accused of violating conditions of his release on bond while awaiting the outcome of a drug charge pending in High Court was arrested pursuant to a bench warrant from the court.
Tavita Seilala appeared in Court in Ausgust for his initial appearance on the Order to Show Cause (OSC) where he entered a not guilty plea to the allegation against him.
According to the government, one the conditions of the defendant’s release on a $10,000 surety bond was to remain law abiding, visit the Probation office once a month, and not consume any alcohol or possessed any illegal drugs.
According to the government, Seilala failed to visit Probation in April and May of this year and then during his visit last month, he tested positive for methamphetamine (meth).
The defendant, who is now remanded back to the custody of the government without bail is scheduled to appear in court next week for his preliminary hearing.
Seilala was initially charged in May 2021 with one count of unlawful possession of meth; one count of unlawful possession of marijuana, both felonies; along with one count of prohibited place of consumption; one count of DUI and one count of resisting arrest, both class A misdemeanors.
UPUESE FILOI
A man convicted of 2nd- degree assault was sentenced to 5 years probation under the conditions that he serve 20 months at the Territorial Correctional Facility (TCF) and pay a fine of $1,000.
Upuese Filoi pled guilty to the amended charge of 2nd-degree assault, a class D felony, punishable by a term of imprisonment of up to five years, and a fine of up to $5,000.
With his guilty plea, Filoi admits that on Aug. 23, 2021, he assaulted a victim during a birthday party at the victim’s house.
Filoi apologized to the court for his action and begged for another chance to return back home to care for his family and seek employment to pay for his fine. He also apologized to the victim in this case, saying that he’s truly remorseful for what he did.
Both attorneys asked for a probated sentence saying that the defendant is a suitable candidate for a probated sentence.
After reviewing facts of the case, submissions by parties and the defendant’s statement, the Court decided to adopt the recommendation by Probation and sentenced Filoi to 5 years probation.
Filoi is order to remain law abiding, visit the Probation officer once a month, stay away from alcohol or illegal drugs and he shall submit himself for random testing to make sure he’s in compliance with conditions of the court.
He shall serve a period of detention of 20 months at the TCF. He was credited for the 11 months he served while awaiting the outcome of his matter. The remaining balance was stayed until further order of the court.
The defendant is also order to pay a $1,000 fine within the first 12 months of his probation.
DANNY FILIKI
A 32-year old man, accused of breaking into several local businesses, has reached a plea agreement with the government and the agreement was announced during a change of plea hearing in High Court.
Under the plea agreement, Danny Filiki pled guilty to three felony counts of stealing. And for the guilty plea, the defendant admitted to breaking into three local businesses between October and December 2021 and during the break-ins he stole more than $2,000 in cash.
Filiki was initially charged in two separate cases. Under the plea agreement, which has since been accepted by the court, the defendant pled guilty to three counts of felony stealing and the rest of the charges from both cases were dismissed.
For the guilty plea, the defendant admitted that he stole $120 from a laundromat in Tafuna on September 12, 2021, which is also the same date that he broke into a company, also in Tafuna, and took off with $2,000. On a later date, he broke into a store located in Nu’uuli and stole about $260 in cash.
Court information states that Filiki has two co-defendants — Amosa Seumanu and Joseph Sepulona, and the co-defendants’ cases are pending in High Court.
As part of the plea agreement, Filiki is to pay restitution to the affected businesses.
Stealing is a class C felony punishable by not more than 7 years imprisonment, or a $5,000 fine, or both.