Pago Pago, AMERICAN SAMOA — A 22-year-old man who was convicted of stealing was released from custody last week, after the High Court determined that the 13 months he served at the Territorial Correctional Facility (TCF), to await sentencing, was enough.

Faavesi Faamui, under a plea agreement with the government, pled guilty to the amended charge of stealing, a class C felony, punishable by not more than 7 years imprisonment, and/or a fine of not more than $5,000.

With his guilty plea, Faamui admits that some time during January last year, he took property that belonged to another person.

During sentencing, Faamui apologized to the government, the court, and people of American Samoa for his behavior and asked for forgiveness.

“I didn’t mean to break the law; unfortunately, I made a mistake and I can't take back what happened. This is coming from a man who is truly remorseful. I promise I will never do any stupid thing like this again. Please, I want to go home to my family,” Faamui said.

His father and his grandmother, both present in court, were in tears when Faamui apologized.

The defense attorney said his client is a suitable candidate for probation. The prosecutor echoed the statement.

The court said that while Faamui is only 22, the pre-sentence report shows that he's had a prior run-in with the law. The court told the defendant that he’s in the big league now, and “the punishment will no longer be minor, and you ought to keep that in mind as you go forward.”

Faamui was placed on probation for 5 years under certain conditions. He has to remain law abiding at all times, visit the probation office once a month, and serve 20 months at the TCF, with time credited for months served while awaiting his court case. The balance of 7 months was stayed, “as long as you comply with all conditions of your probation,” the court told Faamui, who was also ordered to pay a $500 fine within 4 months, and secure gainful employment.

IESE TAULAGO

A 42-year-old man who is accused of stealing checks from a businessman and forging his signature has pled guilty.

Iese Taulago is charged in two separate cases.

In the first case, he is charged with stealing and fraud, both felonies. For the second case, he is charged with stealing, resisting arrest, third-degree assault, and trespass.

Under a plea agreement, Taulago pled guilty to forgery, a class C felony; and resisting arrest, a class D felony. The remaining charges were dismissed.

Taulago admits that on or about Oct. 28, 2020, he signed a check from K&K Store in Tafuna without the owner’s permission. He further admits that he forged the signature of the owner of the store on the check and pretended he was the owner.

For resisting arrest, Taulago admits that on the Oct. 30, he ran away from police when they stopped by his mechanic shop to arrest him.

The court accepted Taulago’s guilty pleas and he has been remanded back to custody to await sentencing, set for next month.

SIAKI VIIGA

A man who has a pending matter in the Family, Drug and Alcohol (FDA) court was arrested two weeks ago in Leone and charged with criminal contempt.

Siaki Viiga made his initial appearance in District Court two weeks ago

According to the government's case, police got a call for assistance on Jan. 31 reporting that Viiga was drunk and disorderly.

A police dispatcher claimed to have heard "people yelling and shouting profane words and children crying" in the background.

Cops who responded to the call say they heard people screaming from several houses down when they approached the area. A search for the suspect was carried out, at his home, which is near the ocean. He was spotted as if “getting ready to jump into the ocean," according to court documents. He did jump in and started swimming, while his children were crying out loudly. As that point, he yelled back at the cops that he was "coming back."

He then swam back to shore and turned himself in.

Viiga was transported to the DPS Leone Substation for further questioning.

According to a witness who spoke to police, Viiga came home intoxicated and started screaming at everyone in the house, which is not unusual. Told to tone it down, he started a verbal argument, and continued to cuss at the members of the household, including the children.

JOSEPH TOLIA

An intoxicated man who was picked up by cops two weeks ago and charged with public peace disturbance and resisting arrest has been released on his own recognizance, under standard conditions.

Joseph Tolia made his initial appearance in District Court two weeks ago. His next court appearance is Mar. 27.

According to the government's case, the alleged disturbance occurred in Taputimu. When police arrived, Tolia allegedly had fled but was being chased by another male on the roadside. Cops pulled up alongside Tolia who "continued to walk away".

Court documents state that Tolia raised his hands up and continuously said that what he did was in self-defense. Cops noted that Tolia had sustained a laceration on his left eyebrow.

A witness told police that Tolia was drinking with some friends near the scene and when he walked into his uncle's home, he heard his girlfriend "laughing loudly" in the presence of others and this made Tolia upset.

Court documents say Tolia then yelled profanities and shouted a Samoan war cry inside the house. Tolia's uncle and cousin "attempted to calm" him down but Tolia "became more aggressive," according to the criminal complaint.

He ran out of the house when he heard his uncle calling the police.

According to investigators, Tolia resisted when handcuffed and he "attempted to flee but was blocked" by two officers.

Tolia was transported to the hospital via ambulance and treated at the LBJ Emergency Room before he was taken back into custody and to jail.

ESEKIA LOLE

A status hearing to resolve immigration issues is set for next month for a man charged with public peace disturbance.

Esekia Lole appeared in District Court last and was released on his own recognizance. Conditions of release include maintaining the peace at home and in Iliili village. He is also not to leave or attempt to leave the territory without prior written permission from the court, and he is to remain drug and alcohol free.

The court has ordered that both the defendant and his sponsor appear in court next month.

According to the government's case, police got a call for assistance from Iliili, regarding an intoxicated man making unreasonable noises and swearing out loud.

A witness told police that he awoke from sleep because the defendant was making so much noise. He said he observed another man approaching Lole and telling him to stop but Lole didn't. Instead, he challenged the man to a fight.

The witness said that he, too, tried to approach Lole but Lole's friends escorted him back to where they were drinking.

The witness said Lole continued to cuss and make noise from outside the apartment complex. He approached Lole a second time, but was stopped by Lole's friends.

When officers found Lole, he was sitting outside a shack behind the apartment complex, still drinking.

Lole was apprehended and taken into custody to await the next sitting of the District Court.

TATUPU OLATAGA

A 42-year-old father of four accused of assaulting a man with a machete in 2020 entered into a plea agreement with the government.

Tatupu Olataga, who has been in custody since he was arrested on December 2020 without bail was initially charged with 1st-degree assault, a class A felony, two counts of 3rd-degree assault and trespass.

However, under a plea agreement with the government, the defendant pled guilty to the amended count one of 1st-degree assault, a class B felony, punishable by a term of imprisonment of five to fifteen years and the remaining charges were dismissed by the court.

By his guilty plea, Olataga admits that on Christmas day, Dec. 25, 2020 he assaulted his neighbor by striking him with a machete three times. He first struck him in the back, and twice on this left hand.

According to terms of the plea agreement, Olataga was working at his plantation in Leone when the victim, who is a 50-year-old man from his neighborhood, approached him and ordered him to leave the land and not to set foot onto the land again. Furthermore, the victim told Olataga that the land he was working on belonged to his (the victim’s) family and he had no business planting on his family land.

According to the government’s case, it was the victim who started the fight. He went to the land where Olataga was working and cut down his plantation including bananas and taro. While the victim was cutting down the defendant’s plantation, the defendant told the victim in a peaceful way to stop what he was doing and let them sit down and discuss the matter.

However, the victim didn’t stop and continued to destroy the defendant’s plantation. According to the government, at this point, Olataga was unable to control his anger, and grabbed his machete and struck the victim on his back.

The victim ran to his house when he was injured. Olataga followed him and assaulted him inside his own house.

Sentencing for Olataga is set for next month.

ISAIA UNASA

Isaia Unasa was released from the Territorial Correctional Facility (TCF) last week, after the court decided not to revoke his probation.

Unasa, who was held in custody without bail for 93 days since he was arrested on Nov. 9, 2021 appeared in High Court last week for his Disposition Hearing, for failure to comply with conditions of his 2017 probation.

When his case was called, Unasa apologized to the court for not obeying its order, and begged for another chance to go back home to care for his family.

Both parties asked the court for a second chance for Unasa.

The defendant was informed that the court will not revoke his probation, but will instead add two additional conditions to the conditions the court ordered when the defendant was sentenced in 2017.

The two additional conditions are; Unasa shall seek gainful employment in 90 days, and the Probation Office must conduct a mental evaluation of the defendant. The court stated that according to the Pre Sentence Report (PSR), Unasa told Probation that he has some health problems.

Unasa was convicted for stealing pursuant to a plea agreement with the government, and was sentenced by the court to a term of probation of 7 years. Unasa, along with two co-defendants broke into a home in Ottoville at night, where Unasa stole a computer and other personal items.

One of the co-defendants told investigators that it was Unasa who initiated the plan to burglarize the victim’s residence.

Unasa was ordered to serve 28 months at TCF, pay a fine of $1,000 and restitution in the amount of $1,500.

The defendant was arrested in November of last year pursuant to an arrest warrant from the court, for failure to pay his fine and restitution.

The court has now ordered Unasa to seek employment to pay for his fine and restitution. It also strongly advised Unasa that if he fails to comply with any of the court orders, there will be no more second chance for him and he will face the consequences of not being in compliance with the court order.