Pago Pago, AMERICAN SAMOA — A 48-year-old man from Nu’uuli accused of assaulting his girlfriend told the court the allegations against him are true.

The defendant, who has been in custody since his arrested in May of this year, appeared in Court last week for a change of plea hearing.

The government filed two separate cases against the defendant.

In the first case, the defendant was charged with misdemeanors; and, bail was a $1,000. In the second case, the defendant was charged with class D felonies, with bail was set at $25,000.

However, in a plea agreement with the government, accepted by the court last week, the defendant, pled guilty to 3rd- degree assault in the first case and 2nd- degree assault in the second case. According to terms of the plea agreement, all remaining charges were dismissed.

With his guilty plea on the 3rd- degree assault, a misdemeanor charge, the defendant admits that on Dec. 29, 2019, his girlfriend woke him up bringing in the laundry, which made him mad. He then assaulted his girlfriend using his fist and a stick.

For the charge of 2nd- degree assault, a felony, the defendant admits that on Apr. 10, 2022 he assaulted his girlfriend by hitting her with a stick.

In an initial police interview the victim stated that she feared for her life and that this is not the first time the defendant had abused and assaulted her and it usually happens when the defendant is angry at someone/ something. She told police that in order for the assault and the abuse to stop, she needed to step up, so she filed a complaint and pressed charges against the defendant.

The victim was treated by EMS and advised to go in for further treatment, which she refused.

Officers proceeded to the area to locate the defendant but were unsuccessful as the defendant fled the scene before the officers arrived.

Sentencing is scheduled for Nov. 3, 2022.

TOETU MOLIGA

A young man convicted of stealing government property was sentenced by the High Court last week to 7 years probation. As a condition of his probation, Toetu Moliga is ordered to serve a period of detention of 28 months at the Territorial Correctional Facility (TCF) and pay a fine of $3,000.

Moliga, who had been released on bond appeared in Court last week for sentencing, after he pled guilty to stealing, a class C felony, punishable by a term of imprisonment of up to 7 years, a fine of up to $5,000, or both.

He apologized to the court for his actions and promised that he would never violate any laws of the territory again.

His defense attorney asked the court to sentence his client to probation without any additional period of detention. The defense attorney further asked the court for work release for his client. He said his client works for his sister’s company.

When asked by the court to provide more details regarding his employment at his sister’s company, the defendant explained that he does clean up work for this sister’s company and it starts at 7a.m and finishes at 12noon.

The government agreed with the defense’s recommendation asking for a probated sentence.

After reviewing the PSR, submissions by parties and the defendant’s statement, the court sentenced the defendant to 7 years imprisonment and $3,000 fine. Execution of the imprisonment was suspended and the defendant was placed on probation for 7 years subject to several conditions.

Moliga is ordered to be law abiding, visit probation once a month and seek gainful employment upon release from confinement.

The court further ordered Moliga to serve a period of detention of 28 months at the TCF. All but 16 months were stayed and Moliga will only serve 12 months. He will be credited for the 13 days he already served during his pretrial detention.

Moliga's period of detention started on Wednesday last week, Oct. 5, the date he appeared in court for sentencing.

MANU MINO

A man who failed to appear in court for sentencing last month was arrested by the Court Marshal last week pursuant to a bench warrant from the court. He appeared in High Court last Thursday, Oct. 6 and was remanded back to the custody of the government awaiting his next hearing, which is now scheduled for Oct. 19 at 8:30a.m.

Mino, convicted of assault in the 2nd, a class D felony was scheduled to appear in court last month for sentencing. He was released on bond awaiting sentencing; however, when his matter was called, Mino was not there. The court then issued a bench warrant with a $1,000 bond for his arrest.

Last Wednesday morning, court marshals spotted Mino walking behind the court building in Fagatogo and arrested him. Mino appeared before Acting Associate Justice Elvis P. Patea the next morning, Thursday, Oct. 6 for his Order to Show Cause (OSC) on why he failed to appear in court for sentencing.

When Mino’s case was called, Patea informed both parties that the court is unable to proceed with sentencing because there is no Pre Sentence Report. Patea also said the defendant failed to provide proper information needed for the report.

Sentencing was continued to Oct. 19 and Mino was remanded back to the TCF until he posts $1,000.

Mino was convicted of assaulting a man in Vaitogi at the beginning of this year.

ATTEMPTED BURGLARY CASE

An attempted burglary in Malaimi resulted in two men being arrested and charged, while another man was admitted to the LBJ Hospital due to severe head and facial injuries.

It’s not clear at this time if the government is going to file charges against the injured man.

The two men accused of unlawfully entering a home without permission were Faga Sautia, who was arrested at the scene, and Senio Susuga, who received severe head and facial injuries during the commission of the alleged crime and was admitted at the LBJ Hospital for treatment.

The third man, Aska Laulu, who is the owner of the house Sautia and Susuga attempted to burglarize was arrested and later charged for causing severe injuries to Susuga.

Sautia is charged with one count of attempted stealing, one count of 1st- degree burglary and one count of felonious restraint, all class C felonies, punishable by a term of imprisonment of up to 7 years, a fine of up to $5,000 or both, along with one count of trespass and one count of endangering the welfare of a child, both class A misdemeanors, punishable by a term of imprisonment of up to one year, a fine of up to $1,000, or both.

Bail is set at $10,000.

Laulu is charged with one count of 2nd- degree assault using a deadly weapon, a class D felony, punishable by a term of imprisonment of up to five years, a fine of up to $5,000 or both.

Bail is set at $5,000.

THE ALLEGATION

On Sept. 16, 2022, two men forced their way in through the front of an unlocked house. The two men were Faga Sautia and Senio Susuga.

As they entered the house, an 8-year-old male child, identified in court affidavit as (C.L) was in the living room, sitting on his bed and watching TV.

Sautia then sat next to C.L and wrapped his arm around his neck to prevent him from screaming. C.L was scared and crying. Meanwhile Susuga entered the house, going through the kitchen

A few minutes later, a female exited from the shower about to make her way to her bedroom and was shocked when she saw Susuga walking around the kitchen, searching and touching the food items that were on the table while holding a knife.

The woman ran to her bedroom and woke up her boyfriend, Aska Laulu, (owner of the house and co-defendant) and informed him about the two men that were inside the house.

Laulu caught both Sautia and Susuga fleeing the scene and running towards the public highway. Laulu was able to identify Sautia as a neighbor but did not know the other man.

According to the government’s case, Laulu pursued Sautia and Susuga with a baseball bat and caught them on the other side of the road in Malaeimi area. When Laulu caught Susuga, he allegedly assaulted him by using the baseball bat and struck him on the facial area several times which caused heavy bleeding.

Officers assisted Susuga to the LBJ Hospital and followed up on the status of his injuries. Susuga was admitted to the Surgical Ward for further treatment of both eyes and to assist him with medication.