Pago Pago, AMERICAN SAMOA — The third co-defendant in the court case where a family allegedly found a way to tamper with the American Samoa Power Authority (ASPA) service to get power illegally — without being metered or charged is now in custody.

When Ernie Aetui was taken into custody, police discovered that he has an active arrest warrant for a stealing case from two years ago.

Aetui made his initial appearance in District Court last week. He’s charged in two separate cases. In the first case, Aetui is charged with one count of criminal fraud, a class C felony, punishable by imprisonment of up to seven years, a fine of up to $5,000, or both.

Bail in this case is set at $5,000.

In the second case, Aetui is 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 46.1201, a fine equal to twice the amount of gain from the commission of said crime, up to a maximum of $20,000, or both such fine and imprisonment for each count.

Bail in this case is also set at $5,000.

Aetui, along with two co-defendants, his sister, Michelle Aetui-Fuimaono and his sister’s husband, Kirk Aab appeared in court this week for their preliminary examination.

When the first case that involves all three co-defendants was called, defense attorney, Rob McNeill asked the court for a two week continuance, because he needs to review some documents provided by the mother of two of the defendants.

McNeill told the court that according to the mother, negotiations are underway between her and ASPA in an effort to make payment for what the family owes ASPA.

Prosecutor, Kristie Soule did not oppose the defense’s motion.

Judge Elvis P. Patea rescheduled the PX for all three defendants to May 14th at 9a.m.

In Aetui’s second case, Patea dismissed the case without prejudice when prosecutor Soule informed the court that the lead investigator is not available for the hearing because he’s under military orders for the COVID-19 emergency.

It is understood that the government will re-file the case later.

The stealing charge against Aetui stems from an incident that happened over two years ago in Vaitogi, where the government alleges that Aetui stole a cell phone from another person.

All three defendants are still in custody, unable to post $5,000 surety bonds.