Pago Pago, AMERICAN SAMOA — A man convicted for violating local drug laws was released from the Territorial Correctional Facility (TCF) last week after the court decided that the 9-1/2 months he served while awaiting the outcome of his case is sufficient for the crime he committed.

Danny Mikaele appeared in High Court last week for sentencing. Mikaele was initially charged with unlawful possession of marijuana. But a plea agreement with the government, accepted by the court, allowed Mikaele to plead guilty to a lesser, amended charge, a class D felony, punishable by up to 5 years in jail, a fine of up to $5,000 or both.

In court last week, Mikaele admitted that on May 2, 2021, he unlawful possessed marijuana. He also apologized to the court saying that he has learned his lesson, and realized that being separated from his wife and children is very hard for a person like him, who worked really hard to build his family from nothing to something.

He also apologized to his wife and family for his wrongdoing and asked for their forgiveness.

The defense attorney asked the court for a probated sentence without any additional period of detention. He told the court that his client is a first time offender and has served over 9 months in jail.

Mikaele was in jail due to his wife telling the police about a marijuana plant that she said belonged to the defendant. The police turned up at their home due to a domestic incident.

Makaele’s lawyer told the court that his client does not own the house nor the land where the marijuana plant was located. He had nothing to do with the plant, and it was already growing there before his client and his family moved into the house.

The prosecutor echoed the defense’s submission and asked for a probated sentence for the defendant, saying that he is a suitable candidate for probation.

After reviewing facts of the case, the court sentenced Mikaele to a term of imprisonment of 5 years. Execution of imprisonment was suspended and the defendant was placed on probation for a period of 5 years subject to several conditions.

He shall serve 20 months at the TCF, credited for the 9-1/2 months he already served. The balance of detention will be stayed until further order of court. The defendant was released forthwith and was given 90 days to seek and secure gainful employment to pay his $2,000 fine.

If he’s unable to secure employment within the 90 days, the court ordered the defendant to report back to the TCF to serve the remaining period of detention. He is also subject to the usual restrictions pertaining to parole.

TANUMALEU LAFAELE

The court has set bail at $500 for Tanumaleu Lafaele, who was taken into custody last week following an incident in Kokoland where he is alleged to have gone to his neighbor’s home with a machete, and also challenged people in the neighborhood to a fight.

Lafaele, who made his initial appearance in court last week, is charged with misdemeanor public peace disturbance (PPD).

The prosecutor told the court that the government may file additional charges, as the police investigation continues on allegations of possible trespassing and making verbal threats.

Lafaele is not new to the court as in 2013 he was sentenced by the District Court to 24 months probation after being convicted of third degree assault and property damage, both class A misdemeanors.

VIANE LA’ALOI

The government has charged a 39-year-old man, who has a long criminal history, with unlawful possession of marijuana, public peace disturbance, and attempted burglary, for trying to break into a store in Tafuna few months ago.

Viane La’aloi made his initial appearance in District Court two weeks ago. He is charged in two separate cases: attempted stealing and third degree property damage in the first case; and unlawful possession of methamphetamine (meth) and unlawful possession of marijuana in the second case.

Bond for La’aloi is set at $10,000.

According to the government, cops were tipped off by a man who reported that a male tried to break into a store in Tafuna by throwing rocks at the back door on Jan. 16, 2021.

Police responded but were unable to locate the suspect. Two months later the same caller contacted police again, saying the alleged culprit was within sight. When cops arrived this time, the witness pointed to the defendant who was standing under a tree across from the store.

Police approached La’aloi and asked if he could come with them to the station and he agreed. Prior to being taken to the TPS, a body search was conducted and two small baggies containing a white crystalline substance and another baggie containing 5 rolled cigarettes wrapped inside a blank white paper were found in La’aloi’s right pocket.

La’aloi told police he got the marijuana cigarettes and the two baggies of meth from a taxi driver, whose identity he did not reveal. When asked about the alleged attempted store break-in, La’aloi told police it was his twin brother who did it, not him.

Investigators are also looking into another burglary involving another store in the Tafuna area not far away from the location of the store where a witness allegedly saw the defendant trying to break in.

When asked by investigators, La’aloi strongly denied any knowledge regarding the alleged burglary.

JAMES NIKO

A man accused of assaulting another man during a drinking session is now in custody after police allegedly found two small baggies containing illegal drugs and a glass pipe — also containing drugs — in his possession.

James Niko made his initial appearance in District Court last month. He is charged with one count of unlawful possession of meth, a felony; and three misdemeanors: third degree assault; trespass; and disturbing the public peace.

Bail is set at $5,000.

Preliminary examination is Friday next week.

THE CASE

On the night of Jan. 15, police were contacted by a businessman in Nu’uuli, reporting that one of his employees was being assaulted by a drunken man engaged in a drinking session with two others in front of his store.

They were identified as: the defendant, James Niko, 41, and his two friends.

Two hours after the drinking session began, the trio started making loud noises and Niko allegedly threw an empty beer bottle in the parking lot. A Samoan store employee came out and told the three men to leave the premises because they were not allowed to drink there.

A few moments later, Niko entered the store to buy more beer. On his way in, he saw the Samoan employee who had instructed them to leave. The man was cleaning the floor.

Instead of buying beer, Niko walked over to the employee and allegedly punched him twice in the face, causing the man to fall down. Another employee jumped in to assist his co-worker. Niko ran out, jumped into his vehicle with his two friends, and fled the scene before police arrived.

 Niko was apprehended by police at a restaurant in the Tafuna area, and transported to the Tafuna Police Substation for questioning.

A body search netted two small baggies containing a white crystalline substance in his left pocket, and two glass pipes containing what later tested positive as meth in his right pants pocket.

When asked about the drugs and pipes, Niko told police he found them in front of the Malaeimi store during their drinking session. He later admitted that he assaulted a man at the same Malaeimi store by punching and kicking his facial area and his back, because the man yelled profanities at him and his friends