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Young man arrested for assaulting his uncle

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COURT REPORT
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A young man who is accused of being rude and disrespectful to his elderly uncle has been ordered by District Court Judge Fiti Sunia to find another place to stay while his case is pending in court.

The government claims that on Wednesday, Dec 5, 2018 at around 7 p.m, a man called the Tafuna Substation requesting police assistance because his nephew was being rude and disrespectful to him.

The uncle told police that he yelled at his nephew Valaau Malaki, who then turned around and started to cuss him out in Samoan. He said Malaki also attempted to punch him in the face, and this was not the first time his nephew has done this to him.

As the uncle was making his verbal statement, officers noticed that he didn't look well. An EMS Unit was then called to check on the elderly man, who was told that he had to go to the hospital because his blood pressure was very high. The man refused to go, saying he was waiting for his niece to bring his medicine and take him home.

During the argument between the two men, the victim’s niece witnessed how Malaki was trying to assault her uncle. She said the older man used his wooden walking stick for self defense, to protect himself.

Malaki was taken to the Territorial Correctional Facility (TCF). There was no alcohol involved.

He made his initial appearance in court last week. Malaki was represented by Assistant Public Defender Ryan Anderson, while prosecuting the case was Assistant Attorney General Jason Mitchell.

Malaki is charged with public peace disturbance, a class B misdemeanor.

Judge Fiti Sunia released him on his own recognizance, subject to certain conditions, including staying away from his home and his uncle, and he has to find another place to stay while his matter is pending.

“Do not go back to your uncle or try to contact him. No phone calls or any other form of communication. If you fail to comply with orders of the court, you will be re-arrested and held in jail without bond,” Sunia warned.

Malaki is scheduled to appear in court on Jan. 7, 2019 for his pretrial conference.

AMEPEROSA VUI

The government has charged Ameperosa Vui with public peace disturbance, and District Court Judge Fiti Sunia says the defendant needs to find a way to address his alcohol problem.

During arguments regarding Vui’s bail, Judge Sunia said it’s clear from court records that Vui has appeared before the court since 2012 on cases stemming from alcohol use.

Vui was taken into custody last week after family members contacted police for help because the defendant was intoxicated, causing trouble, and swearing at the neighbors.

A neighbor told police that he got into an argument with the defendant, “who was drunk” and started swearing profanely, according to the court affidavit which also notes that Vui said the neighbor “is stupid” and he is not afraid of anyone, neither is he afraid to beat anyone up.

As Vui was being transported to the main DPS Fagatogo station, cops could detect a “strong odor" of alcohol emitting from his breath and clothes. Vui had to be assisted into the police station because he could barely stand up, let alone walk.

During the booking process, the defendant responded with “slurred speech” and sometimes struggled to answer questions. He was released on his own recognizance.

He will appear in court on Jan. 30, 2019 for a first pretrial conference.