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Dist. Court settles a number of cases while binding others over to High Court

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A verbal altercation that resulted in a taxi driver getting punched in the eye has netted Tupe Toeetu a 12-month probation sentence and a $100 fine to be paid within 30 days.

Toetu was initially charged with public peace disturbance and two counts of third degree assault (class A and class C misdemeanors). But under a plea agreement with the government, Toetu pled guilty to third degree assault (class A misdemeanor). The remaining charges were dismissed.

According to information revealed last week in District Court, Toetu was intoxicated when he got into a verbal altercation with a taxi driver, who was "joking" about Toetu driving while under the influence. This occurred Sept. 4, 2021.

"If this is true, I hope it has stopped," said the court before handing down Toetu's sentence. "People's lives are at stake when you drive while drunk."

The victim sustained injuries to his left eye as a result of the physical altercation.

When given a chance to speak, Toetu apologized for his actions and said it will not happen again.

Toetu is to remain sober and he is subjected to random testing. His probation review is set for Mar. 28, 2022

SAM TIETIE

A man who pled guilty to escape was sentenced to 24 months probation last Friday.

Conditions of Sam Tietie's probation include departing the territory immediately. (Tietie was scheduled to depart late this past Friday afternoon.)

Additionally, the court ordered, Tietie to remain outside of the territory "for the entire duration of probation" and if he re-enters at anytime during that 24 months, he will be arrested, he will appear in court, his probation will be revoked, and a sentence will be imposed by the court.

A copy of the court's judgment and sentence is to be given to the Chief Immigration Officer, so Tietie's name is placed on the Immigration lookout list.

Samoa News understands that Tietie entered the territory in 2019 and never left.

MASI TAMALA

"The money you earn is better spent on your children, instead of on court fines." These were the words from the court after handing down a 12-month probation sentence for Masi Tamala, who was charged in two separate cases.

Under a plea agreement with the government, Tamala pled guilty to contempt of court and in return, the remaining charge of trespass was dismissed in the first case.

The second case was dismissed.

For the first case, Tamala spent 16 days at the TCF. For the second case, he was in custody for 55 days. The court sentenced the defendant to 90 days in jail for the first case, and he was credited the 16 days for time served. The remaining 74 days was suspended — along with a $1,000 fine — pending good behavior while on probation.

The judge noted that the 55 days the defendant spent in pretrial confinement for the second case cannot be credited towards his sentence in the first case.

The court told the defendant that one thing the court does not tolerate, is when an order is issued and "you ignore it." He told Tamala that he either complies, or he will end up in jail.

Samoa News understands that the defendant did not comply with an earlier protective order issued by the court.

PETER TINO

A man who fled from police in Aug. 23, 2021 apologized to the court for his actions and asked for one more chance.

Peter Tino appeared in District Court last week, where he pled guilty to resisting arrest, under a plea agreement with the government. In return, the remaining charge of public peace disturbance was dismissed.

The court noted that Tino was in court before — 2 years ago — for a class A misdemeanor charge. When asked, Tino confirmed that he went through counseling for that case.

The court said, "it looks like it didn't help you."

Tino was then sentenced to 12 months probation, not the 9 months that attorneys from both sides had recommended.

He is also to pay $200 within 45 days, remain sober, and enroll and successfully complete a more 'intensive' alcohol counseling program, paid for out if his own pocket.

JACK TAITO

Sentencing for Jack Taito in District Court last week takes care of his matters there, but he is still in custody for a matter pending in High Court.

Taito was initially charged with stealing. But under a plea agreement with the government, the charge was amended to third degree property damage.

Last week, Taito pled guilty to the amended charge. The charge against him stems from an incident that occurred July. 19, 2021, where he damaged a cellphone at Kim Mini Mart in Tafuna. Taito is alleged to have walked into the store and asked to borrow a cellphone. After using it, he dropped it on the ground on the way out.

The defense attorney said his client is remorseful, and he requested that he be sentenced to time served (56 days).

The court sentenced Taito to 56 days at the TCF, with credited him for time served. He is also to pay restitution of $100 for the phone he damaged, and a $100 fine to the court.

Earlier that same day, Taito appeared in High Court where he admitted to violating conditions of his probation. He didn't visit the Probation Office, he didn't pay his fine, and he didn't seek employment. A disposition hearing for that matter is set for Apr. 26

TELE FONOTI

Twelve months probation was the sentence handed down for a man charged in two separate cases. Tele Fonoti appeared in District Court last week for a pretrial conference and order to show cause.

In the first case, Fonoti pled guilty to public peace disturbance, under a plea agreement with the government. In return, the two counts of third degree assault (class A and class C misdemeanors) were dismissed. The charges stem from an incident that occurred Sept. 2021 where Fonoti, while intoxicated, was yelling at a kid in front of a store. He eventually grabbed the kid by the neck.

In May of this year, Fonoti was sentenced to 12 months probation and ordered to attend and successfully complete alcohol counseling.

His probation term was set to end in May 2021 but he was picked up in Sept. 2021 on this new case.

The court modified Fonoti's probation and handed down a 12-month probation sentence, to be served concurrently with his prior probation term. Fonoti is also to pay $200 within 45 days, in addition to $110 in outstanding court fees.

MOLIMAU TIALOGO

A man who has been clean now has a criminal record, said the court, because he chose to take the law into his own hands.

Molimau Tialogo appeared in District Court last week for a pretrial conference, where he pled guilty to the single count of public peace disturbance against him.

The court did note that Tialogo has a "long, long traffic abstract," mostly involving commercial vehicles.

"No more citations, obey the rules of the road," the court said. "You should have let the police handle the situation. Now you have a criminal record."

Tialogo was sentenced to 6 months probation and ordered to pay $100 in 30 days.

The charges against him stem from an incident involving an altercation with a bus driver at a gas station.