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Young man takes a plea in burglary case — his alleged accomplises appear in court next month

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 28-year-old man accused of stealing money from the cash register of a store last year entered into a plea agreement with the government last week

Etimani Saifou pled guilty to stealing and the remaining charges were dismissed as part of the plea deal.

The court scheduled sentencing for Nov. 24.

Under the plea agreement, Saifou admits he took money from the cash register of a Malaeimi store on Sept. 25, 2021 and he turned over $240 to police. The government’s attorney told the court the money has been returned to the storeowner.

According to notes of the plea agreement. Saifou and two co-defendants, Jerry Sala and Peni Alafili burglarized the store and stole several items including cigarettes, food, and beer on the night of the incident.

Saifou entered the store first and stole more than $800 from the cash register. He told police he gave $150 to Sala, $100 to Alafili, and he kept the rest.

Saifou has been in custody since his arrest, unable to post a $10,000 surety bond.

Sala and Alafili are scheduled to appear in court next month for their pretrial conference. Both men are also still in custody, unable to post $10,000 surety bonds.

SOLO VAIFALE

A bus driver has admitted that on/or about Aug. 14, 2021 he had in his possession a glass pipe containing methamphetamine (meth).

Solo Vaifale appeared in court last week for a Change of Plea hearing.

Vaifale was initially charged with unlawful possession of meth. But a plea agreement with the government allowed him to plead guilty to a lesser amended charge, a class D felony, punishable by up to 5 years in jail, a fine of up to $5,000 or both.

Vitale has been in custody since his arrest, unable to post a $5,000 cash bond.

According to terms of the plea agreement, the government claims that in August, when several detectives executed a search warrant on a pick-up truck that was parked in front of a Nuuuli store, two men were inside the truck — Vaifale was one of them.

During a body search of Vaifale, officers discovered in his pocket a glass pipe containing meth.

Vaifale told police the glass pipe did not belong to him, claiming he found it in the vehicle, picked it up, and put it in his pocket.

Sentencing is scheduled for next month

FOLASIA ANAPU

A man who was picked up pursuant to an arrest warrant from the court, on the allegation that he unlawfully entered the home of another family and stole several items is now charged with unlawful possession of drugs.

The government has filed two separate criminal cases against Folasia Anapu who is not new to the court system and made his initial appearance in District Court last month.

In the first case, Anapu is charged with stealing and second-degree burglary, both class C felonies, 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 from the commission of said crime, up to a maximum of $20,000, or both such fine and imprisonment.

In the second case, he is charged with unlawful possession of marijuana, and unlawful possession of methamphetamine - both felonies. Bond is set at $15,000.

Anapu’s attorney asked to have the bail reduced to $5,000 surety for both cases; but the prosecutor argued that Anapu is not new to the court system, and she then asked that bail be maintained in both cases and the court agreed.

Preliminary examination is Thursday next week.

THE CASE

On July 13, 2022, several police officers responded to a call from Happy Valley regarding a home allegedly burglarized by an unknown person. The woman who requested police assistance told cops that this is not the first time her parent’s house has been burglarized and several items were stolen.

Three weeks later the woman contacted the Tafuna Police Substation (TSP) and informed a senior police investigators that some of the power tools that were stolen were returned to their family by another couple who claimed that a male friend of their son sold the tools to them.

In an interview with the couple who returned the stolen tools to the family (victims), investigators were told that their son’s best friend Folasia Anapu, the defendant in this matter, came to them and sold them two power tools for $200.

Police also spoke to the couple’s son, who confirmed that his friend (defendant) came to their house and sold power tools to his parents. He further told police that the defendant also told him that the items were stolen from a house in Happy Valley and he was planning to burglarize the house again and steal more items and sell them to get money to buy him drugs.

The defendant was apprehended by police at his girlfriend’s apartment last month after two months of searching and was transported to the TPS for investigation.

When questioned, the defendant allegedly admitted that he broke into the victim’s home and took a number of things on the night of July 13. He further stated that some of the items he stole were sold to several people for money to buy beer and drugs for him and his friends.

The defendant also confirmed to investigators that he gave some of the stolen items to his best friend’s parents. He explained to investigators that his best friend had nothing to do with the burglary.

Before Anapu was taken into custody a body search was conducted for weapons and illegal drugs. During the pat down, two glass pipes containing a white crystalline substance which later tested positive for meth was discovered inside the rear pocket of the defendant’s pants.

Cops also discovered a hand rolled marijuana joint hiding inside the defendant’s hat. The green leafy substance from the hand rolled cigarette tested positive for THC/ marijuana.

The defendant refused to speak to police regarding the drugs allegedly found in his possession.

ARASI MANUALI’I

A man from Samoa who was convicted for violating the drug laws of the territory was ordered to depart the territory and remain outside of its border, as a condition of his 5-year probation sentence.

Arasi Manuali’i, who has been in custody since his arrest last year, unable to post his $5,000 bond, pled guilty to the charge of unlawful possession of methamphetamine, a class D felony. He appeared in Court last week for sentencing.

When given the chance to address the court, Manuali’i apologized for his actions, and asked for a chance to go back to Samoa to care for his parent and make use of his life to serve his church, family and village

His attorney asked the court to accept the recommendation contained in the Pre Sentence Report (PSR) prepared by the Probation Office, and sentence his client to a probated sentence under the condition that he depart the territory.

After reviewing all the facts of the case, along with submissions from counsels and also the statement from the defendant, the court stated that Manuali’i was an overstayer from Samoa when he was arrested by police last year, after being found with a glass of pipe containing meth.

According to a report from the Immigration Office, Manuali’i entered the territory on a 30-day permit, where he continued to reside in the territory as an overstayer for two months before he was arrested.

According to the court, Manuali’i went out to party with some of his friends, and after his night out, he went to a nearby store to buy something to eat. However, when the storeowner refused to give him beer due to the fact that it was after 10p.m, Manuali’i was very upset and threw a rock at the window causing damage to the store.

The storeowner contacted police for assistance and Manuali’i was apprehended and transported to the Tafuna Police Substation (TPS) for further investigation. During a body search officers discovered a glass pipe containing methamphetamine inside his pants pocket.

The court then sentenced Manuali’i to five years imprisonment and a $5,000 fine. Execution of sentence was suspended and the defendant was placed on probation for the period of 5 years, subject to certain conditions, including serving a period of detention of 20 months at the Territorial Correctional Facility (TCF); time already served would be counted toward his sentence; the remaining period of detention was stayed, and he is ordered to depart the territory and remain outside of its border for this stayed period.

The court ordered a copy of the court’s judgment and sentence to be served to the Immigration Office and Board, to make sure Manuali’i’s name is include on their office’s Lookout list.

RODNEY UTUMAPU

The Court has accepted a request from the defense attorney to continue Rodney Utumapu’s pretrial conference to next month, so they can go through all the information pertaining to the first three criminal cases filed against him, and add a new criminal case filed just last week.

During Utumapu’s most recent court appearance last month, his attorney informed the court that they have received discovery and an offer from the government, and he asked for a continuance to Oct. 6, which was last week.

When Utumapu’s case was called, the defense attorney informed the court that they have reached an agreement with the government in the first three criminal cases filed late last year, but they are seeking one more continuance to see if they can combine those three cases with a new case.

The government’s attorney echoed the defense attorney's request for another continuance, saying the defendant has a new criminal case in the District Court, and he’s scheduled to have his preliminary examination (PX) next week.

Utumapu, who remains in custody unable to post a $10,000 bond was initially charged with unlawful possession of a controlled substance, methamphetamine, and unlawful possession of a controlled substance, marijuana, both felonies.

The charges stem from an incident that occurred Sept. 15, 2021 when police found drugs inside his vehicle and in his possession. A male passenger who was with Utumapu, when police searched his vehicle, told police he went twice with Utumapu to another place to buy drugs.

One week after Utumapu was arrested and charged with drug possession, the government filed two more criminal cases against him, charging him with felony stealing for each case. The government claims the defendant took property from a person and sold it without the owner’s authorization.

For the fourth case, the one filed last week, the government is charging Utumapu with one count of felony stealing.

Utumapu was remanded into custody to await his next court appearance, which is scheduled for next month.

FERETI IUSITINO

A man accused of violating local drug laws entered into a plea bargain with the government last week.

Fereti Iusitino under a plea bargain with the government, has pled guilty to the amended charge of unlawful possession of a controlled substance, methamphetamine, also a class D felony, but punishable by a term of imprisonment of up to five years, and/or a fine of up to $5,000, or both.

With his guilty plea, the defendant admits that on or about Jan. 23, 2021 during a traffic stop, cops found two glass pipes containing methamphetamine inside his vehicle. The glass pipes withmeth were given to him by a friend when he wa at the friend’s house.

Iusitino, who is out on a $5,000 surety bond is scheduled to appear in court on Nov. 24 for sentencing.