Pago Pago, AMERICAN SAMOA — A man found driving a vehicle while his license is suspended for a year was arrested and is now facing a criminal charge of felony driving, a class D felony.

Alofa Vitale made his initial appearance last month in District Court where his bail was set at $5,000.

On Aug. 18, 2022, police officers were patrolling the highway in Pavaiai they observed a grey pickup with the driver not wearing a seatbelt.

Officers approached Alofa Vitale and discovered he does not have his driver's license, but only a receipt from the OMV (Office of Motor Vehicle).

Vitale handed the receipt to officers it was confirmed from the Police headquarters that Vitale’s driver’s license was suspended for a period of twelve months commencing Nov. 28 2021, until Nov. 18 2022, after he was convicted of driving under the influence of alcohol (DUI).

FELISE TAPUALA

A 38-year-old man arrested for threatening his neighbor with a machete has been charged by Police after drugs are found in his possession.

Felise Tapuala made his initial appearance in court last month.

He is charged with one count of unlawful possession of meth and one count of unlawful possession of marijuana, trespassing and public peace disturbance. His bail is set at $10,000.

THE CASE

According to the criminal complaint, the police received a call for assistance, regarding the defendant who went to his neighbor’s family home with a machete and threatened to cut off the head of the complainant’s brother.

Several police officers responded to the call. It's alleged the defendant was upset at the complainant’s brother for “spreading rumors about him and his family”.

The defendant was spotted inside a store and police approached him, and informed him about the case in question.

Before the defendant was interviewed, a body search was conducted where a glass pipe containing meth and two hand-rolled marijuana joints were found inside his pants pocket.

According to Tapuala, he went to his neighbor’s house to confront the guy who broke into his house two nights before and stole several of his electric tools from his garage.

He admits that he made threatening remarks to the victim and his family but there was no intention of hurting anybody, and further admits that the drugs found in his possession belonged to him and were for his own personal use.

AMEKO TALITIGA

A man accused of violating local drug laws has asked the court to set his matter for trial.

Ameko Talitiga, who had been in custody since his arrest last year, unable to post a $5,000 surety bond, appeared in court last month for his pretrial conference.

When his case was called, his defense attorney informed the court that they had received discovery and an offer from the government, however, after reviewing it, his client wished to exercise his rights to a jury trial.

The court accepted the defense’s request for a trial, however, the court also informed the defense that due to the COVID-19 restrictions, there are other options they must consider such as a bench trial instead of jury trial.

Talitiga is charged with one count of unlawful possession of methamphetamine in relation to an incident where police arrested him and another man for disturbing the public peace. During the pat down, a small baggie containing meth was found by police in his pants.

When questioned by investigators, Talitiga admitted that the drugs belonged to him and that he bought it from another man living in Iliili.

MANASE UATI

A father of four young children convicted of unlawful possession of illegal drugs was released from the Territorial Correctional Facility (TCF) last month for 90 days to seek and secure gainful employment.

If Manase Uati is unable to secure gainful employment, the court ordered him to report back to the TCF to serve the remaining balance of his period of detention.

Uati, who had been in custody unable to post a $5,000 surety bond appeared in court two months ago for sentencing, however, due to his outstanding traffic fine in District Court in the amount of $350, the High Court continued sentencing and ordered him to clear his outstanding traffic fine first before the court considers his sentencing.

Uati appeared in court last week for sentencing. This time, his defense attorney informed the court that his client had paid his outstanding fine in full. It was confirmed by the government’s attorney.

He was sentenced to 5 years imprisonment and ordered to pay a fine of $2,000. Execution of the sentence was suspended and he was placed on probation for 5 years subject to several conditions. Also to undertake a period of detention of 20 months without any release per the norm, including serving 296 days forthwith. He is credited for the time he served while awaiting the outcome of his matter.

Uati is also to be released for a period of 90 days in which he is to seek and secure gainful employment. The defendant was told that the cannery is hiring and that family farming is not considered gainful employment.

If unable to get a job, he’s ordered back to jail to serve the balance of his detention. He’s also subject to usual probation restrictions, including ‘staying clean. The court also ordered him to make sure to pay his $2,000 fine.

 Of note, a traffic violation will also be considered another violation of the conditions of his probation. Uati was originally stopped by traffic officers for driving a vehicle that had too many headlights.

SOSENE VAIESE

One of the three defendants arrested for burglarizing two homes and a store in Tafuna last year entered into a plea agreement with the government last week.

Sosene Vaiese, who has been in custody since his arrest last July, appeared in court last week for a Change of Plea hearing.

Vaiese 28, was initially charged with 2 counts of stealing and 2 counts of first-degree burglary and two misdemeanor charges of trespass and 3rd degree property damage.

Under a plea agreement, Vaiese pled guilty to two counts of stealing. The remaining charges were dismissed.

With his guilty plea, Vaiese admits that on the night of July 12 2020, he unlawfully entered a home in Tafuna and stole several items, valued at more than $100.

Vaiese admits that on the same night, he broke into an Asian store in the Tafuna area and stole several items and a box containing $318 cash.

The items Vaiese stole included clothes, shoes, 2 power tools, a laptop and a cell phone, which he sold to a friend. He used the money to buy beer and food.

The government is recommending probation, with the condition that Vaiese pays $680 in restitution. Vaiese will be sentenced next month.

The case against the other two co-defendants, in this case, Jason Vaitele and Victim Tafito are still pending in High Court.

Vaitele and Tafito are each charged with 3 counts of stealing, 3 counts of 1st degree burglary, all felonies, along with several misdemeanor charges.