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COURT REPORT: Two drug cases and a stabbing

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — On the night of Jan. 28, 2020, two cops observed Alefosio Tagoa’I spill a bag of potato chips on the ground after he and another male were pulled over at the Sobriety Checkpoint for an open container in the vehicle.

Tagoa’i was the passenger. (Samoa News is withholding the driver’s name, as he is yet to be criminally charged).

While Tagoa’i was dumping the potato chips, something thin and white fell out. A police officer went to pick it up and discovered that it was a small baggie containing a white crystalline substance, and two hand rolled cigarette joints that contained a green leafy substance.

Both Tagoa’i and the driver were taken in for questioning. The vehicle was also impounded but later released to Tagoa’i’s mother who was present during the interview. According to the government, the vehicle that was pulled over by police officers belonged to Tagoa’i.

When asked about the joint, Tagoa’i told police it belonged to him, that he bought it off a couple of guys in Taputimu, but he didn’t know their names, only that they usually walk around the area selling meth and weed.

Tagoa’i told police there was nothing illegal in the vehicle. An inventory was carried out, in the presence of both Tagoa’i and his mother. Police found a rolled up cigarette containing a green leafy substance and a glass pipe containing a white crystalline substance in the vehicle.

The green leafy substance tested positive for marijuana and the white crystalline substance yielded positive results for meth.

According to the government, Tagoa’i allegedly admitted to police that both the marijuana joint and the glass pipe belonged to him, and he bought the meth baggie from a friend in Vaitogi earlier that day.

Furthermore, he had been drinking and took two puffs of the marijuana joint.

Tagoa’i made his initial appearance two weeks ago in District Court where he waived his right to a preliminary examination. He is charged with one count of unlawful possession of methamphetamine; one count of unlawful possession of marijuana — both felonies — and one count of underage drinking, a misdemeanor.

Bail is set at $10,000

During arraignment in High Court last week, Tagoa’i pled ‘not guilty’ to the charges against him. Pretrial conference is May 7, 2020.

ANESI ASALELE

A 34-year-old male from Samoa accused of stabbing someone in the neck, shoulder and back multiple times over a year ago, has admitted to the accusation.

Anesi Asalele appeared in court this week for a Change of Plea hearing. Prosecuting the case is Assistant Attorney General Doug Lowe while Assistant Public Defender Rob McNeill is representing the defendant, who has been in custody without bail since his arrest December 2018.

Asalele was initially charged with one count of first-degree assault, a class A felony, punishable by imprisonment between 10-30 years, or a life sentence. However, under a plea agreement with the government, accepted by the court, Asalele pled guilty to the amended charge of second-degree assault, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000, or both.
Asalele admits that on Dec. 16, 2018, he caused serious injuries to the victim by stabbing his neck, shoulder and back him multiple times with a knife.
According to terms of the plea agreement, it was one week before Christmas 2018 that cops at the Tafuna Substation received a phone call from the victim’s family, asking for assistance due to the severity of his injuries.
Cops who responded say they arrived and noticed a person lying on the ground in a pool of blood that covered one side of his head. One of the witnesses told police he saw Asalele pull a sharp object from his pocket and assault the victim. The knife had a 6-inch blade and is considered a deadly weapon.

Asalele told investigators that he assaulted the victim because the victim and his older brother assaulted his cousin earlier during a volleyball game in the village.

The government is recommending to the court to sentence Asalele to probation, with the condition that he immediately depart the territory and remain outside of its borders for the duration of his probation.

Sentencing is set for May 26, 2020.

KAISA FILIPO

A man who entered into a plea agreement in a drug case has been ordered to depart the territory and remain outside of its borders for the duration of his 5-year probation sentence.

Kaisa Filipo, who appeared in Court last week for sentencing, has been in custody since his arrest Jan. 24, 2019, unable to post a $5,000 surety bond. He was initially charged with unlawful possession of marijuana. But under a plea agreement with the government, Filipo pled guilty to the amended charge of unlawful possession of marijuana.

Filipo admits that on the day in question, he had four marijuana joints when police conducted a body search on him. Filipo apologized and asked for a chance to return to his family in Samoa, so he can find a job to care for his parents.

He said what he did was wrong and apologized to the American Samoa Government not only for breaking the law but also disobeying Immigration laws by residing in the territory illegally. Filipo’s immigration papers expired 3 years before his arrest.

He is to serve 20 months at the TCF,  but is credited with the 13 months he served in pretrial confinement and the balance is stayed until further order of the court.

A copy of the court's judgment and decision is to be delivered to Immigration to ensure Filipo’s name is on the lookout list.=