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Court Report

ALLEGED POLICE CAR CHASE LEADS TO CHARGES OF RESISTING ARREST

The government has charged Wayne Motu on allegations he sped off when police attempted to pull him over for speeding. Motu is charged with resisting or interfering with an arrest, reckless driving and fraudulent use of vehicle plates.

According to the government’s case, while police were in routine patrol in Pava’ia’i and measuring drivers’ speed using a Falcon Radar gun, the defendant’s vehicle passed showing a rate of 39 miles per hour (mph) in an area designated for only 25 mph.

It's alleged the police officer immediately followed the defendant’s vehicle and activated his red and blue emergency lights.

The police claims the defendant did not pull over but kept on speeding. “In order to get away from our (police) vehicle the defendant’s vehicle sped up and passed several vehicles,” the court affidavit stated.

The government claims during the chase the defendant’s vehicle passed two vehicles simultaneously nearly colliding with an oncoming vehicle in the opposite lane.

It's alleged pedestrians who were on the side of the road had to “jump out of the way to avoid getting hit by the defendant’s vehicle.”

Court affidavit states as the police were chasing the defendant the speed on the speedometer indicated both the police vehicle and the defendant’s vehicle were traveling at around 61- 62mph. It's alleged the defendant’s vehicle turned off the main road into Malaeloa village and sped up a curvy road, into a narrow alley.

The government claims, there again pedestrians had to jump out of the way to avoid getting hit by Motu’s vehicle. It’s alleged when Motu’s vehicle collided with a banana tree the defendant took off on foot and the officers were unable to apprehend the defendant.

The defendant eventually turned himself in to the police station later that evening and explained to police he sped and fled because he was scared.

Motu told police the license plate that was on the vehicle he was driving belonged to another vehicle, given that the registration to the vehicle he was operating had expired.

ASG EMPLOYEE  TO FACE FELONY DRIVING WHILE OPERATING GOV VEHICLE

The government will be filing additional charges today against Pulemau Pa’aga who was arrested over the weekend with driving under the influence in a government vehicle.

Pa’aga an employee of the Office of Procurement, is to be charged with a felony DUI later this week after he was pulled over operating a government while his license is suspended.

According to the government’s case the defendant was pulled over Saturday evening.

It's alleged the defendant did not have the proper authority to operate the government vehicle after hours. Police impounded the Procurement vehicle (license plate PO9) at the police impound area when he was taken into police custody.

The defendant made his initial appearance in District Court earlier this week.

TWO CHARGED FOR BREAK-IN AT PAVA’IA’I SCHOOL

The government has charged Sal Pou and a juvenile on allegations they broke into Pava’ia’i Elementary School last week.

Assistant Attorney General Kimberly Hyde said that Pou, who’s 18 years old, is charged with property damaged along with the juvenile. She explained the third defendant, another adult who masterminded the alleged crime, is yet to be arrested and charged. Pou appeared in the District Court earlier this week.

According to the government’s case the defendants entered the school's main office through a window and allegedly removed eight walkie talkies, four police flash lights and a box of batteries. It's alleged that upon questioning Pou told police it was the juvenile and his other friend who told him to break into the school.

ESERA REINO TO BE ARRAIGNED IN HIGH COURT

The bus driver who operated an aiga bus which allegedly struck an elderly man last weekend will be arraigned in the High Court today. Reino Esera during his initial appearance in the District Court earlier this week waived his rights to a preliminary examination and the matter was bound over to the High Court.

Esera is charged with homicide by vehicle, careless driving, general duty of drivers and failure to yield right of way for pedestrians.

Homicide by vehicle is a class D felony which is punishable up to five years in jail, a fine of $5,000 or both, while  careless driving, general duty and failure to yield charges are class B misdemeanors which are punishable by up to six months in jail, a fine of up to $500 or both.

Esera is being held on bail of $15,000 and is represented by Assistant Public Defender Karen Shelley.

According to the government’s case, witnesses at the scene said the victim was crossing the road using the crosswalk and was struck by an aiga bus that was heading east bound early Saturday morning. Police attained written statements from three witnesses who saw the incident.

One witness who was sitting in front of the CBT store said the victim had almost gotten to the other side of the crosswalk when the aiga bus, which was allegedly speeding, struck the victim with the bar handles attached to the bus.

The government claims 72- year old Tufue Malele Forsythe was pronounced dead at 6:30 a.m. at the LBJ hospital.