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Man charged with unlawful possession of a weapon, unlicensed weapon, PPD

Allegedly threatened to kill victim and his family if didn’t leave family land
fili@samoanews.com

A man accused of firing into the air five shots and then “threatening to kill each and every one of them [the defendant and family] who refuse to leave” family land has been charged in District Court with another court hearing set for Oct. 20.

Falaniko Fiso Jr., is charged with one count of unlawful possession of a weapon — a Class D felony punishable by a term of imprisonment not to exceed one year and a fine not exceeding $5,000. He is also charged with two misdemeanor counts of possession of an unlicensed firearm and public peace disturbance.

For the possession of an unlicensed fire arm, it’s punishable by imprisonment not to exceed one year, a fine of $1,000 or both. For public peace disturbance, it’s punishable by imprisonment not to exceed six months, a fine of $500 or both.

According to court filings, the male victim contacted police for assistance on the morning of Oct. 10. Upon arrival at the scene the victim informed police that he had had an argument with the defendant and his wife, regarding a house located in front of the victim’s house in Vaitogi.

The victim told police this has been an ongoing matter between himself and the defendant along with the wife regarding the house, which belongs to the victim’s wife. Additionally, after calling police the victim saw Fiso Jr. walk outside in front of his house, yelling at him saying he will kill anybody who’s on the land with the victim.

The victim further told police that the defendant then allegedly “discharged 5 shots from a firearm up in the air,” according to court documents, which also state after discharging the fire arm, the defendant allegedly went closer to the victim “and pointed the gun at him and threatened to shoot him if he didn’t get off the land.”

According to court documents, the defendant attempted to flee from the scene in his car and by this time, two more police officers had arrived. The defendant instead remained at the scene and was informed by the officers that he was reported by the victim of having discharged a firearm about five times and threatened the victim and his family to leave the land or he will kill all of them.

Fiso “denied and verbally stated that he did not fire a gun or point a gun towards” the victim and also he has no gun on him or at his house either, court filings state, which also said the defendant allowed police to search his property and vehicle.

During the search police discovered the weapon in close proximity of the defendant’s house and also found a box of bullets; and the gun was loaded, court documents allege.

Both the defendant and the victim were transported to the Tafuna police substation for questioning and the victim repeated that he and his family had gone to clean the yard at the Vaitogi property and Fiso came out yelling profanity. Then the defendant went back into his home and returned with the weapon.

The victim further alleges the defendant “shot the weapon 5 times up in the air and pointed the muzzle of the weapon directly” at the victim. Furthermore, the defendant allegedly “threatened to kill each and every one of them if they refused to leave the land.”

Bail for the defendant has been set at $1,000 cash only and the court has also set conditions of release if the defendant is able to post bail. Among those conditions is that he has no direct or indirect contact with the victim. He was also ordered to surrender his passport and not to attempt to depart the territory while his case is pending in court.

The defendant has already posted $500 for his bail; it’s unclear if he was able to post the other half of the bail.

Court documents didn’t make clear the relationship between the defendant and the victim.