In the latest twist regarding the government’s case against four men accused of shooting at the Leone police substation two years ago, possible jurors were dismissed as the government reached a plea agreement with the defendants, who pled guilty to one-misdemeanor count with three of the defendants released from the Territorial Correctional Facility, where they have been held for more than a year.

Outside of the court building after been released, the three men, hugged their relatives and flexed their muscles and gave big smiles for photos taken by Samoa News staff reporter/ photographer who was on the scene.

Jury selection was set to get underway yesterday morning with members of the public summoned for possible jury duty arriving for the government’s case against Manu Lefatia, Sinapati Tuufa’anatu, Tuliese Taliu and Mosegi Solia Jr. — all have been in custody since their arrest early last year, unable to post bail.

At the start of yesterday’s court proceedings, Acting Associate Justice Elvis P. Patea told possible jurors that there would be no jury trial in the case because both sides had reached and signed a plea agreement.

Each defendant was charged with two counts of second-degree assault and one count of first-degree property damage — all felonies. However, under the plea agreement with the government and accepted by the court, the first degree property damage charge was amended to a misdemeanor first degree property damage for which each defendant pled guilty, while the assault charges were dismissed.

In entering a guilty plea to the misdemeanor charge, each defendant admitted that in the early morning hours of Nov. 1, 2014, they conspired to cause damage to government property. Misdemeanor property damage is punishable by not more than one-year imprisonment, or a fine of not more than $1,000.

When questioned by the court, each defendant admitted that on Nov. 1, 2014, they damaged government property.

Not mentioned in the plea agreement, which was read in court, is the issue of the shooting of the Leone police substation. The shooting resulted in the men being charged.

The court took a 10-minute recess before the judges returned to the bench where Patea announced sentencing, which is that each defendant serves one year at the Territorial Correctional Facility, and pre trial confinement is counted towards the jail term.

Because the defendants have been in custody for 20 months for pre trial confinement, the court ordered the release of Lefatia, Tu’ufa’anatu and Taliu.

However, Solia remains in custody because of a separate case pending in court against him for drug possession. Solia’s next court appearance is tomorrow on the drug case.

Assistant attorney general Gerald Murphy declined to comment when asked by Samoa News about the outcome of the case.

Assistant pubic defender, Michael White, defense attorney for Solia, told Samoa News that he is very pleased with the outcome of the case, as the government could not prove its case on the felony charges against his client.

He also says that it appears that the government should have conducted a thorough investigation in this matter in order to prove the charges against the defendants.

Two police officers were inside the substation, when shots were fired, according to the government’s case but none of the officers were injured. The shooting occurred around 2:30a.m. Nov. 1, 2014 and bullets penetrated through windows and a window frame. Four slugs were later recovered.

Meanwhile, on the eve of the trial, another court hearing was held where defense attorneys argued that the government’s case is based on “hearsay” from other people, without first hand knowledge.

It was revealed during the hearing Monday that the government’s key witness was living in Hawaii and was expected back on island this week for the trial. It was unclear if the key witness arrived on Monday’s flight from Honolulu.