Pago Pago, AMERICAN SAMOA — A young man from Futiga was convicted by the High Court last week for stealing a cell phone from a store in Tafuna.

Silao Aletise, who has been in custody since his arrest in December of last year, unable to post a $5,000 surety bond appeared in High Court last week for his Change of Plea (COP) hearing.

Silao, 26, was originally charged with one count of stealing, a class C felony, punishable by imprisonment of up to 7 years, a $5,000 fine or pursuant to A.S.C.A 46.2101, a fine equal to twice the amount of gain form the commission of said crime, up to a maximum of $20,000, or both such fine and imprisonment.

However, in a plea agreement with the government, also accepted by the court last month, Silao agreed to pled guilty to the amended count of stealing, a class A misdemeanor, punishable by imprisonment of up to one year, a fine of up to $1,000, or both.

With his guilty plea, Silao admits that on Dec.18, 2020 he appropriated a Samsung cell phone valued at over $100 from a store in the Tafuna area.

The government, along with the defense’s attorney agreed to recommend a probated sentence with the condition that the defendant pay restitution in the amount of $195.

After the COP hearing, the defense attorney asked the court to release his client on his own recognizance awaiting sentencing. Defense attorney told the court that his client has served over 9 months at the Territorial Correctional Facility (TCF).

The government did not oppose the motion, but only asked the court to order the defendant not to make any physical contact with the victim (the store) in this case and stay away from alcohol and illegal drugs.

 The defense’s motion was granted and the defendant ordered released from custody pending sentencing, which is now scheduled for next month.

MANUITI LAULU

A young man accused of stealing a rental car and crashing it into a tree near a store in Vaitogi last year has entered into a plea agreement with the government.

The young man, Manuiti Laulu, who has been in custody since his arrest last year, unable to post a $5,000 surety bond appeared in High Court last week for his Change of Plea (COP) hearing.

Laulu, who is on probation for a stealing conviction four years ago was initially charged with stealing by appropriating the property of another, a rental car, a class C felony punishable by imprisonment for up to seven years, a $5,000 fine, or pursuant to A.S.C.A 46.2101, a fine equal to twice the amount of gain from the commission of said crime, up to a maximum of $20,000, of both such fine and imprisonment.

However, in a plea agreement with the government, accepted by the court last week, Laulu pled guilty to the amended charge of tampering in the 2nd degree, a class A misdemeanor, punishable by terms of imprisonment of up to one year, a fine of up to $1,000 or both.

With his guilty plea, Laulu admits that on Sept. 21st. 2020 he unlawfully operated a rental vehicle that was parked outside of his uncle’s house and crashed it into a tree near a store in Vaitogi.

With his guilty plea to the current offense, the defendant also understands that he also admitted that he violated conditions of his probation including remaining law abiding.

Laulu is scheduled to appear in court next month for sentencing and a Dispositional Hearing.

BACKGROUND

The government alleges that on Sept. 15th, 2020, a man rented a vehicle from a car rental company in Tafuna. According to the rental agreement it was to be returned on Sept. 19th.

When the car was never returned, the owner then reported the case to police and the person who rented the car was questioned by police.

According to the man who rented the car, the key to the car was laying on his table inside his living room when he went to sleep on the night of Sept. 18th. When he woke up the next morning the vehicle was not parked in the front of his house. He then asked his nephew (defendant) about the car. Laulu replied that he had already turned the vehicle back in.

The man who rented the car later found out that Laulu’s reply was a lie. The rental car was never returned to the owner.

Police turned their investigation to Laulu, the person who last drove the car. When questioned by police, Laulu admitted that he stole the vehicle from his uncle who rented it and he crashed into a tree next to a store in Vaitogi while racing with another car. He left the car and ran away because he was afraid that his uncle would beat him up.

In a prior case from 2016, Laulu, who was only 20 years old at the time, was charged with 4 counts of stealing and 4 counts of forgery. He pled guilty to one count of stealing after he forged a signature on a check in the amount of $620 belonging to Catherine Avalua.

MAALONA TOVIA

A man who was on probation for a drug conviction is now back in custody after he allegedly tested positive for marijuana during his monthly visit to the Probation Office last month.

Maalona Tovia appeared in High Court last month for his initial appearance and his Preliminary Examination (PX) is set for next month. He was remanded back into custody without bond.

The defendant went to District Court last month to see his probation officer for his monthly visit. During his visit, his probation officer informed him he would need to take a drug test, the results of which turned out positive for marijuana.

Three years ago in 2018, the defendant was convicted of unlawful possession of methamphetamine and stealing. He stole money from his uncle and used it to buy drugs.

It was clear from the court that it was the defendant’s drug addiction that drove him to steal from his own uncle. While the defendant was in custody awaiting the outcome of his case, his uncle passed away.

UALE TAFILI

Last week, the court sentenced Uale Tafili to 30 days behind bars for violating conditions of his probation, after being convicted for public peace disturbance and assault in the 3rd-degree while on probation.

Tafili was sentenced last week. He was on probation for 12 months after he was convicted last year for public peace disturbance and property damage 3rd degree, both class B misdemeanors. One of the many conditions of probation included keeping the peace with his girlfriend and remaining law abiding.

In the beginning of this year, police re-arrested him on another PPD charge for which he was convicted last week, the same date he was sentenced to 30 days incarceration for violating his 12-month probation. Tafili will be credited for the 21 days he served in TCF while awaiting the outcome of his case.

Tafili was arrested during a public disturbance in Fogagogo where he and his friends were involved in a fight with other young men around the neighborhood. He was loud and yelled profanities while holding a beer bottle in his hand.

TWO ARRESTED DURING A TRAFFIC STOP

Two men were arrested during a traffic stop last month. Both were booked and confined at the Territorial Correctional Facility (TCF). One is now charged while the other one was released when the 48 hours expired.

(Samoa News has withheld the name of the man not charged.)

Kirisimasi Fereti is charged with one count of unlawful possession of methamphetamine, an unclassified felony punishable by imprisonment from 5-10 years, a fine of up to $20,000, or both.

Fereti made his initial appearance in District Court last month. His bail is set at $5,000.

THE CASE

On Sept. 14th, 2021 about 2:20a.m, two police officers on the Western side of the island spotted a vehicle with no license plate light. The vehicle was stopped and empty beer cans were observed inside the vehicle, which had three occupants, the driver, and two passengers.

The driver of the vehicle was later released after he was questioned by police.

One of the officers approached the passenger sitting in the back seat first because he kept touching his shorts. He was later identified, but was released pending further investigation.

According to the court affidavit, after agreeing that the officer could reach inside his pockets, the officer discovered a plastic baggie with contents inside, a glass tube (glass pipe) and prescription glasses. The glass pipe found in his possession was clean, no residue was found inside.

The officer then approached the passenger sitting in the front passenger seat, who identified himself as Kirisimasi Fereti. According to the officer Fereti appeared to be moving around inside the vehicle like he was trying to hide something and he kept demanding that officers let him go home.

The officer then asked Fereti to open the car door because there were also empty beer cans below where he was sitting.

The officer was standing facing Fereti when Fereti opened the door and that’s when the officer spotted a glass pipe commonly used to smoke drugs beneath his seat. A body search was conducted on Fereti and police discovered two small baggies containing white crystalline substance in his right pocket.

The white crystalline substance tested positive for methamphetamine.

According to Fereti’s statement to police, he was at the store when a pick up truck pulled up on his side. He saw his friend (the other passenger) sitting in the back seat of the vehicle, while he didn’t recognize the person who drove the vehicle.

Fereti’s stated that his friend instructed him to get inside the truck and they headed to a house in Vaitogi to get some ice. According to Fereti, it was his friend who went to the house to buy drugs while he waited in the vehicle with the driver.

When his friend returned and he gave Fereti three glass pipes containing methamphetamine while he kept one glass pipe for himself.

When asked by police, Fereti’s friend echoed Fereti’s statement.

VALOAGA VAILI

One of the men arrested after police raided a home in Tafuna last year in search of drugs and weapons has pled guilty.

Valoaga Vaili, 40, was initially charged with one count of unlawful possession of a controlled substance (methamphetamine), a felony punishable by imprisonment of not less than five nor more than ten years, and a fine of not less than $5,000 nor more than $20,000 or both.

Under a plea agreement with the government, Vaili pled guilty to an amended count, a class D felony, punishable by not more than 5 years and a fine of not more than $5,000 or both.

With his guilty plea, Vaili admits that on July 19, 2020 while he working as a taxi driver, he unlawful possessed a glass pipe containing methamphetamine.

Armed detectives of the DPS Vice & Narcotics Unit had executed a search warrant at the home of Ricky Calvin and Vaili was present at the residence, with his taxi parked in front of the house.

Police searched Vaili’s taxi and found drugs.

Vaili told police that the glass pipe containing meth was given to him by Calvin to compensate him for his help in delivering drugs to several people who were unable to come by Calvin’s house to buy drugs.

The government is recommending probation, with the condition that Vaili depart the territory and remain outside of its jurisdiction during probation.

Vaili remains in custody with bond set at $5,000

He is scheduled for sentencing next month.

LEITU SAM

A 24-year-old man accused of burglary and stealing has admitted to the charges.

Leitu Sam appeared in High Court last week for a Change of Plea hearing. Sam was charged in two separate cases.

In the first one, he was charged with 2nd degree burglary and stealing, both class C felonies, and trespass, a class A misdemeanor. For the second case, he was charged with escape from confinement, a class D felony.

Sam has agreed to plead guilty to stealing and the remaining charges were dismissed.

With his guilty plea, Sam admits that on Aug. 27, 2020 he unlawfully entered a home in Leone and stole several items, including a .22 caliber rifle which he later sold to another man.

Sam told police he stole the gun and sold it because he needed money to buy beer and cigarettes for him and his friends. 

Sam remains in custody unable to post a $5,000 surety bond.

He will be sentenced next month.