Pago Pago, AMERICAN SAMOA — On October 10, 2024, an elderly woman contacted the Fagatogo Police Station (FPS) requesting assistance regarding her brother-in-law who she claims threatened her with a shovel.

The suspect was later arrested and charged with:

Count 1: Assault in the Second Degree, a class D felony punishable by a term of imprisonment for up to five years, a fine of up to $5,000, or both imprisonment and fine; and,

Count 2: Private Peace Disturbance (DV), a class C misdemeanor punishable by a term of imprisonment for up to fifteen days, a fine of $300 but not less than $150, or both imprisonment and fine.

The defendant’s bail was set at $5,000.

According to the affidavit, on October 10th, at about 3:05 p.m., a female individual (later identified as the victim) called the FPS and reported that her brother-in-law, Siafolau Leiato, attempted to assault her with a shovel.

Police officers responded to the call and while proceeding to the call, they were waved down by a female individual. The female individual identified herself as the victim’s daughter. She called out to her mother to step out of the house whereas a female individual came out and introduced herself as the victim.

Police officers interviewed the victim and she pointed out the garden that had been destroyed by the suspect. The victim also stated that her grandson witnessed the incident and both parties were taken to the FPS for further investigation.

According to the victim’s written statement, she came home with her grandkids and got them showered and ready to do their homework. While helping her grandkids with their homework, she heard a noise and saw it was her brother-in-law (suspect).

She went outside and asked the suspect if he knew why a hole was there, but he put the dirt in the hole to cover it. She then went inside her house to make sure the doors were locked and sat down with her grandson to do his homework.

The victim explained that she noticed that her brother-in-law was destroying her garden by damaging the plant pots and pulling the plants out of the ground. She said that the suspect threatened her by saying that he was going to hit her with the shovel as he walked towards her, swinging the shovel around. The victim also verbally stated that she cried because she feared for her life if the suspect followed through with his attempt to assault her.

According to the witness’s (grandson), written statement, he was in the shower when he heard scraping noises. After he showered he came out and heard his grandmother and his uncle get into an argument. He got scared and stayed in his room whereas his grandmother came and told him to come outside of the room. Furthermore, as he was doing his homework, he saw his uncle uprooting and ruining all of his grandmother’s garden. He then heard the suspect threaten to hit the victim with the shovel.

The suspect was Mirandized at the FPS where he asked for a lawyer and refused to make a statement.

At about 5:30 p.m., the suspect was booked and later transported at the Tafuna Correctional Facility to be confined awaiting the next sitting of the District Court.

The defendant is identified as a 60-year-old male.