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Alleged police brutality brought up during sentencing of repeat offender

The alleged assault of an inmate while at the Tafuna Correctional Facility who was then transported to Manu’a earlier this year was an issue questioned by Chief Justice Michael Kruse in the High Court when the young man, Joe Togitogi, was sentenced for an earlier crime.

 

Togitogi is implicated in two criminal cases, one that accused him of threatening a homeless man with a knife and the second, escaping from police while incarcerated.

 

In the first case against him he faced a felony count of robbery first degree, two charges of unlawful use of a weapon (also felonies) and third degree assault, a misdemeanor.

 

In this (first) case he pled guilty to one count of unlawful use of a weapon and third degree assault, while the remaining charges in this case plus the charges in the second case were dismissed as part of the plea deal.

 

The defendant apologized for his actions, pointing out that he’s remorseful. The Chief Justice stated that the defendant is well known in the District Court as he has appeared five times there, and twice before the High Court. Kruse warned the defendant not to come before the court any more, as he’s beginning to be an “eyesore”.

 

Kruse further asked Togitogi to explain to the High Court why he would deserve another chance as the court is concerned that if they release him, he will go out and commit another crime, making it his eighth time before the court. Togitogi answered that he was truly sorry and the incidents in the District Court happened when he was a juvenile, but now he is dealing with adults at the TCF.

 

The defendant’s father, who is wheelchair bound, asked the court to please release his son, as Joe is much needed at home.  The father said his wife has been taking care of him for a while and it’s been difficult for her to carry him, especially when taking a shower.

 

When Kruse was about to go into a recess to deliberate on this case, Assistant Public Defender Joel Shiver reminded the court to consider that his client was a victim of police brutality when he had been incarcerated at the TCF. 

 

Kruse sentenced the defendant to five years in jail, however execution of sentence was suspended and he’s placed on probation for five years under the condition that he serves 20 months in jail. Upon serving seven months, the defendant will be released while the remaining months will be stayed upon his good behavior. Togitogi was also ordered to undergo 300 hours of community service and must be gainfully employed within 90 days of release.

 

The court heard from Shiver that Togitogi has been in jail for 268 days and he’s been at TCF for over eights months.

 

Samoa News points out that Togitogi had been taken to Manu’a for almost a month while the Department of Public Safety’s Internal Affairs investigated the alleged assault. In the meantime, Police Officer Sianava Nu’usila who works for the Tafuna Correctional Facility was accused, and criminally charged, with police brutality in the Togitogi incident. 

 

According to the government’s case, on Nov. 27, 2013 an inmate (Togitogi) escaped from jail and was found near a store in Kokoland where he was subdued and handcuffed. It’s alleged that as soon as the inmate was cuffed and Nu’usila arrived at the scene he approached the inmate and allegedly kicked the inmate in the face. This case is still pending in District Court.