Pago Pago, AMERICAN SAMOA — A 40-year-old father accused of assaulting a man with a knife last year has entered into a plea agreement with the government.

Lautala Faletolu, who has been in custody without bail since his arrest May 29, 2021 was initially charged with first-degree assault, two counts of third degree assault, and trespass.

Under a plea agreement with the government, Faletolu pled guilty to the amended count of second-degree assault. The remaining charges were dismissed.

With his guilty plea, Faletolu admits that on May 29, 2021 he stabbed his neighbor three times with a knife — once in the back, and twice on his left shoulder.

According to terms of the plea agreement, Faletolu was working at his Pavaiai land when the victim, 45, approached him and instructed him to get off the family land.

The defendant punched the victim in the face several times before he grabbed his knife and stabbed the victim in the back and his shoulder.

Sentencing for Faletolu is set for next month.

AFASENE TONUMAIPEA

A 36-year-old man convicted in High Court for attempted felonious restraint is ordered to serve 20 months behind bars, as part of a 5-year probation sentence.

Afasene Tonumaipea was initially charged with attempted rape, first- degree sexual abuse, and attempted felonious restraint — all felonies. But under a plea agreement with the government, the defendant pled guilty to attempted felonious restraint. The remaining charges were dismissed.

According to the government, the victim is a 16-year-old girl whose family rents an apartment where the defendant and his family live and they share the same bathroom and kitchen.

 Sometime at the beginning of 2021 when the victim went to the bathroom, the defendant followed her and tried to touch her inappropriately. He also attempted to restrain her, to have his way.

During sentencing last week, Tonumaipea apologized for his actions and begged for a second chance to return home to care for his family. He told the Court that he is truly remorseful and assured the judge that he will never break the law again, and if given another chance, he will do everything to change his life and look for a job, so he can pay restitution.

The defense attorney said he believes his client is truly remorseful and asked the court to sentence Tonumaipea to probation, and use the 17 months he has already served in pretrial confinement as sentence in this case.

The prosecutor said Tonumaipea is a suitable candidate for probation; but reminded the court of the seriousness of his actions and that it was fortunate that nothing more serious happened the day in question.

The court told Tonumaipea they don’t take lightly any cases that involve minors, especially when they are sexually assaulted. Adding that although this was Tonumaipea’s first conviction in High Court, he has a criminal a record in District Court (misdemeanor convictions).

The defendant was sentenced to five years in jail; however, execution of the sentence was suspended and he was placed on five years probation on the condition that he serves 20 months at the TCF. He is credited for the 17 months of pretrial confinement so he has 3 months to serve before he is released from custody.

 He was also ordered to register as a sex offender and submit himself to HIV testing, as required by law. He is not to make any contact with the victim and her family, nor is he to confront her at any time or place. He is also not to congregate with children under 16 years.

TASELE VITALE

A man who was arrested for disturbing the public peace and later found to be in possession of drugs has entered into a plea agreement with the government.

Tasele Vitale appeared in court last week for his change of plea.

He was initially charged with unlawful possession of marijuana, third degree assault and public peace disturbance. However under a plea agreement, accepted by the court, Vitale pled guilty to the amended, lesser charge of unlawful possession of marijuana.

Vitale, set to be sentenced Nov. 28th, admits that on the evening of July 12, 2021 at his home in Petesa, he had on him two hand rolled marijuana joints when police arrested him for disturbing the public peace.

According to the government’s case when cops arrived at the scene, Vitale was yelling profanities at his neighbor, with a beer bottle in hand. During a body search, police found two hand rolled marijuana cigarettes on him. Vitale admitted that the joints belonged to him, and he bought them from a man named “Wille” of Vaitogi.

APISAI ASAFO

A man arrested for disturbing the public peace in front of his grandparents’ home in the Tafuna area is now charged with violating local drug laws.

Apisai Asafo made his initial appearance in District Court last month.

He is charged with one count of unlawful possession of methamphetamine (meth), with bail set at $5,000.

THE CASE

According to the court affidavit, on Aug. 14, 2021 police received a call for assistance regarding three men fighting in front of his home in Tafuna.

The caller further stated that the young men were allegedly yelling profanities and throwing beer bottles on the side of the road. The caller also identified to police that one of the young males in the group was his grandson, Apisai Asafo, the defendant in this case.

Several police officers responded and observed a young male sitting in front of an abandoned house opposite to the house of the man who reported the matter and was later identified as “Api”, a.k.a Apisai Asafo.

The defendant was treated by EMS personnel at the TPS, but before was transported to the LBJ, police conducted a body search and found illegal drugs in his possession. The drugs were tested — with a white crystalline substance confirmed positive for meth and a green leafy substance found inside three hand-rolled cigarettes confirmed positive for THC/ marijuana.

The defendant was then transported to the hospital for treatment due to his injury and discharged two days later.

Two days after he was discharged from the LBJ Hospital, the defendant was arrested from his home in Kokoland. Investigators questioned him at Territorial Correctional Facility (TCF) regarding the illegal drugs they had found on him on the night in question.

According to the defendant’s statement, he was at his grandparents’ house for his cousin’s birthday when he received a phone call from one of his friends asking that he come outside to discuss something. He did so, and while they were talking, he was violently assaulted by his three friends.

He told police that he did not smoke any drugs that night and has no idea how the illegal drugs — meth and marijuana — got inside his pockets. He thought that it was something his friends planned in order to hurt him.

LOMIGA FALETUSI

The government has charged a 35-year-old man with unlawful possession of illegal drugs and for trying to break into a store in Malaeimi in June of this year. Lomiga Faletusi made his initial appearance in District Court last month.

Faletusi, who has a long criminal history, is charged with unlawful possession of the controlled substance, marijuana, resisting arrest and attempted burglary in the 2nd- degree — all class D felonies, along with disturbing the public peace (PPD), a class B misdemeanor.

The court established Faletusi’s bond at $5,000.

According to the government’s case, a woman informed police of a man who tried to break into a store in Malaeimi on the night of June 15, 2022. Police responded to the call but were unable to locate the suspect.

However in August, police responded to a PPD incident in the Mesepa area where a man struck another man on the head with a pisupo can.

When police arrived at the location, a woman stepped forward and told police her son was assaulted by the suspect right in front of the store entrance, when her son stopped the suspect from running outside of the store with a pisupo can, with which the suspect then used to strike her son’s head.

EMS personnel were contacted for assistance and the victim was transported to the LBJ Hospital for treatment while the accused was held down by other men on the scene.

Police interviewed several witnesses including the woman who reported the matter.

According to court filings, two months ago, the same woman contacted police for assistance after the suspect, Faletusi, attempted to break into a store next to her brother’s home in Malaeimi.

Faletusi disappeared before police arrived. The reporter further stated to police that she knew Faletusi because he used to stay with their neighbors.

In the more recent incident, prior to being taken into custody, a body search was carried out on the suspect, in which police discovered on Faletusi, illegal drugs — three hand rolled cigarettes, along with two small stamp-sized baggies containing a white crystalline substance.

When asked about the alleged assault incident, Faletusi stated that he was mad when the victim called out his name while he was shopping and told him that police were looking for him (Faletusi) for stealing items from a store last month.

When asked about the alleged incident where he attempted to break into a store in the village 2 months ago, Faletusi said he doesn’t know anything about that case.