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Stealing, illegal drugs, and PPD top the list of court charges

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FISO WILLIAM AND LAMETA MULAMA
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Two men were arrested and charged for unlawful possession of illegal drugs when police pulled over their vehicle in Malaeimi for broken plate lights.

According to the government’s case, detectives of the DPS Vice and Narcotics Unit were notified about illegal drugs allegedly found by patrolling police officers when they pulled a vehicle over that contained two men, in front of a store in Malaeimi.

According to the government’s case, the truck did not stop when police instructed the driver to stop, continuing down the road and finally making a sudden turn onto a cement road in Malaeimi.

When the officers approached the vehicle, they noticed that there were two males inside the vehicle, who were later identified as Fiso William, the driver, and the passenger as Lameta Mulama — both defendants in this matter.

While an officer was speaking with William, another officer observed from the passenger side what appeared to be a glass pipe on the driver’s right-hand side. And, as the police officer stepped away to issue the citation, another officer standing on the passenger’s side of the vehicle saw William exit the vehicle and start to reach under his seat. William was instructed by the officers not to move and he was immediately detained for officers’ safety.

At the same time, Mulama was observed as fidgeting while still seated in the vehicle, and he was ordered to step out of the vehicle where he was handcuffed and detained, again for officers’ safety, according to the affidavit.

Both William and Mulama were frisked for weapons and illegal contraband.

When Mulama was patted down, officers discovered a small pouch containing a glass pipe with a usable amount of white crystalline substance and a "simoi" (plastic) baggie containing 4 empty cut-up straws inside his right back pocket. Officers also discovered a "simoi" baggie containing four (4) neon cut up straws all filled with white crystalline substance inside Mulama’s front right pocket.

The police also searched the vehicle and discovered a glass pipe hidden under the driver’s seat with usable amount of white crystalline substance inside. Also discovered were two tubes containing a liquid wrapped in a plastic wrapper beneath the passenger seat, and a portable burner (torch).

Both men were then transported to the Tafuna Police Substation (TPS) for questioning, and the vehicle was also impounded.

The Patrol officers, who initiated the traffic stopped, provided verbal statement corroborating the statements by the police officers who were also at the scene to investigators.

Mulama was Mirandized and he did not want to make a statement regarding the incident.

William was also Mirandized and was willing to make a statement and answer questions.

According to William’s statement, Mulama asked him to take him to drop off something to a friend in Tafuna. William stated that on their way to Tafuna, the police stopped them in front of a store in Malaeimi, however, Mulama told him not to stop the car.

Afraid of getting in to trouble, William stated that he stopped the car when they turned on to a cement road in Malaeimi because he didn't want something serious to happen to them especially because he was driving the vehicle.

According to William’s statement, all the items found in the car belonged to Mulama including the glass pipe that was found under the driver’s seat where he sat. He told investigators that the reason Mulama told him not to stop the vehicle was because Mulama was scared that police would find the drugs in their possession.

He also informed the investigators that Mulama is allegedly involved in selling drugs and he (William) often buys such drugs from Mulama.

Although he waived his rights and was willing to make a statement, William did not wish to make a written statement.

Both men were later transported to the Territorial Correctional Facility (TCF) where they were booked and confined.

Substances found were tested and yielded positive results for methamphetamine (meth).

Both men made their initial appearances in District Court last month.

William is charged with one count of unlawful possession of meth while Mulama is charged with one count of unlawful possession of meth and one count of unlawful possession of meth with the intent to distribute, both felonies, punishable by a term of imprisonment of not less than five years nor more than twenty years and a fine of not less of not more than $20,000, or both.

William’s bail is set at $5,000, while Mulama’s bail is set at $15,000.

FALETOLU FAATALI

A man who was on probation for a drug conviction is now back in custody after he allegedly tested positive for Tetrahydrocannabinol (THC), an active compound in amarijuana during his monthly visit to the Probation Office last month.

Faletolu Faatali appeared in court two weeks ago for his initial appearance and his Preliminary Examination (PX) is set for next month. In the meantime, he’s remanded back into custody without bond.

According to court documents, when the defendant went to see his probation officer for his monthly visit, he was informed he would need to take a drug test, the results of which turned out positive for THC.

Despite the positive result from the drug test, Faatali continued to deny that he had smoked marijuana.

Two years ago in 2020, the defendant was convicted of unlawful possession of methamphetamine (meth) and for stealing from his grandmother and using the proceeds to buy drugs. While the defendant was in custody awaiting the outcome of his case, his grandmother passed away.

SENE TAFILI

Last week, the court sentenced Sene Tafili to 30 days behind bars, after being convicted for public peace disturbance (PPD) and stealing while on probation.

He was on probation for 12 months after he was convicted last year for PPD, a class B misdemeanor; and stealing, a class A misdemeanor. One of the many conditions of probation included keeping the peace with his girlfriend and remaining law abiding.

In November of last year, police re-arrested him on another PPD charge for which he was convicted this week, the same date he was sentenced to 30 days incarceration for violating his 12-month probation.

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

SOA AMIATU

A 24-year-old man who was convicted of stealing was released from custody last week, after the Court determined that the 15 months he served in jail while awaiting sentencing, was enough.

Soa Amiatu, under a plea agreement with the government, pled guilty to the amended charge of stealing, a class C felony, punishable by not more than 7 years imprisonment, and/or a fine of not more than $5,000.

With his guilty plea, Amiatu admits that sometime during December of 2020, he stole cement and a tool box belonging to his neighbor.

During sentencing, Amiatu apologized to the government, the court, and people of American Samoa for his behavior and asked for forgiveness, also saying, “Please, I want to go home to my family.” His parents and church pastor, all present in court, were in tears while Amiatu apologized.

The defense attorney then asked the court to give Amiatu another chance. He said his client is 24 years old, very immature, and he has advised him to think about his future. He noted his client is a suitable candidate for probation. The prosecutor echoed the statement.

The court said that while Amiatu is 24, the pre-sentence report shows that he's had a prior run-in with the law.

He was then placed on probation for 5 years under certain conditions. He has to remain law abiding at all times, visit the probation office once a month, and serve 12 months at the TCF.

Amiatu will be credited the time he has already served; the balance of 8 months is stayed as long as he complies with all conditions of probation. Amiatu is also ordered to pay a $500 fine within 6 months, restitution of $741 and secure gainful employment.

PENIATA NAASONA

A man allegedly found with two glass pipes containing methamphetamine (meth) inside his vehicle when police pulled him over for a traffic violation last year has been arrested and charged.

The question as to why the government waited so long to charge Peniata Naasona in this case is unanswered.

According to the government’s case, two police officers patrolling the public highways in the Tafuna area on Sept. 15, 2021 observed a vehicle heading westbound at a high speed and the driver was not wearing his seatbelt. Officers followed the vehicle and made a traffic stop in front of American Samoa Power Authority (ASPA) headquarters in Tafuna.

The driver of the vehicle was later identified as Peniata Naasona, the defendant in this case. When asked for his driver’s license, Naasona told police he had forgotten his driver’s license at home, and had no other form of photo identification with him.

Police then informed Naasona that they were going to impound his vehicle because he didn’t have a driver’s license. Furthermore, he was also being transported to the Tafuna Police Substation (TPS) for further investigation.

Before Naasona was transported to the TPS, police conducted a body search and nothing was found. The search then moved to the vehicle where police discovered a black pouch between the driver’s seat and the passenger’s seat. Inside the black pouch were two glass pipes containing a white powder.

The white powder was later tested and the result was positive for meth.

After being Mirandized, Naasona refused to make a statement to police.

Naasona was finally arrested by police last month and made his initial appearance in District Court.

He is charged with one count of unlawful possession of meth, a felony.

Bail is set at $5,000.