Pago Pago, AMERICAN SAMOA — A man who was out on bond was remanded back to custody last week after he tested positive for methamphetamine (meth), during a random test administered by Probation.

Ross Tanielu, who is facing drug charges, appeared in High Court last Friday for an Order to Show Cause (OSC) hearing on Contempt of Court Order.

The court said based on a report from the Probation Office, the defendant violated a condition of his bond release, which required him to remain clean of drugs at all times. The court further said the defendant failed his urinalysis.

The court then ordered that Tanielu be returned to the TCF to await his preliminary hearing which is set for next month.

MICHAEL FILISI

A man who allegedly slashed two tires on his wife's truck has been arrested and charged with third degree property damage.

Michael Filisi made his initial appearance in District Court last week, where he entered a 'not guilty' plea to the single charge against him.

The court ordered Filisi to be released on his own recognizance, and a pretrial conference is set for next month.

Conditions of release include maintaining peace at home and being law abiding. Adams is not to leave or attempt to leave the territory without the court's permission.

He is also not to "harass, assault, annoy, or disturb the well being of any members of his household."

According to the government's case, the Tafuna Police Substation received a call for assistance from the defendant's wife, who claimed that Filisi was intoxicated and yelling profanities at home.

The woman allegedly told police that Filisi was looking for the car keys and when she said she didn't know where they were, he allegedly left the room, grabbed a knife, and proceeded to slash two tires on the family's truck.

Investigators note that the truck is registered under the victim's name, as sole owner. According to what the victim told police, Filisi had also been drunk and unruly the night before, and she contacted police because she wants him to stay away.

The criminal complaint notes that Filisi "reeked of alcohol from a distance".

DAVE FOMA’I

A young man who is accused of escaping from confinement while serving a 20-year sentence for robbing several stores and a house in Faleniu is asking the court to set his new case for trial.

Dave Foma’i appeared in court last week for a pretrial conference.

Defense attorney informed the court that they have received all discovery from the government, including an offer; however, after reviewing the facts of the case, they have been unable to reach an agreement. He then asked the court to set his client’s case for trial.

The new allegation stems from an incident that occurred last April. The government alleges that Foma’i left the Territorial Correctional Facility (TCF) without permission from the court. Foma’i has vehemently denied the allegation.

Foma’i was sentenced to 20 years on Sept. 23, 2018 after he was convicted of one count of armed robbery, a class A felony; and 5 counts of misdemeanor stealing, a class A misdemeanor.

According to the government, Foma’i and his co-defendant were targeting stores — they burglarized nine stores at night using a knife, a stone, and a machete to threaten storeowners and cashiers.

UALESI TOETU

A verbal altercation that resulted in a taxi driver getting punched in the eye has netted Ualesi Toetu a 12-month probation sentence and a $100 fine to be paid within 30 days.

Toetu was initially charged with public peace disturbance and two counts of third degree assault (class A and class C misdemeanors). But under a plea agreement with the government, Toetu pled guilty to third degree assault (class A misdemeanor). The remaining charges were dismissed.

According to information revealed last week in District Court, Toetu was intoxicated when he got into a verbal altercation with a taxi driver, who was "joking" about Toetu driving while under the influence. This occurred Aug. 4, 2021

"If this is true, I hope it has stopped," the court said before Toetu's sentence was handed down. "People's lives are at stake when you drive while drunk."

The victim sustained injuries to his left eye as a result of the physical altercation.

When given a chance to speak, Toetu apologized for his actions and said it will not happen again.

Toetu is to remain sober and he is subjected to random testing. His probation review is set for Apr. 23, 2022.

SAM TAMATI

A man who pled guilty to escape was sentenced to 24 months probation last Friday.

Conditions of Sam Tamati’s probation include departing the territory.

The court ordered Tamati is to remain outside of the territory "for the entire duration of probation" and if he re-enters at anytime during that 24 months, he will be arrested, he will appear in court, his probation will be revoked, and a sentence will be imposed by the court.

A copy of the court's judgment and sentence is to be given to the Chief Immigration Officer, so that Tamati’s name is placed on the Immigration lookout list.

Samoa News understands that Tamati entered the territory in 2019 and never left.

APELU TINO

A man who fled from police in Aug. 12, 2021 apologized to the court for his actions and asked for one more chance.

Apelu Tino appeared in District Court last week, where he pled guilty to resisting arrest, under a plea agreement with the government. In return, the remaining charge of public peace disturbance was dismissed.

The court noted that Tino was in court 2 years ago for a class A misdemeanor charge. When asked, Tino confirmed that he went through counseling for that case.

The court said, "it looks like it didn't help you."

Tino was then sentenced to 12 months probation, not the 9 months that attorneys from both sides had recommended.

He is also to pay $200 within 45 days, remain sober, and enroll and successfully complete a more 'intensive' alcohol counseling program, paid for out of his own pocket.

ALDAN TAITO

Sentencing for Aldan Taito in District Court last week takes care of his matters there, but he is still in custody for a matter pending in High Court.

Taito was initially charged with stealing. But under a plea agreement with the government, the charge was amended to third degree property damage.

Last week, Taito pled guilty to the amended charge. The charge against him stems from an incident that occurred Sept. 21st, 2021, where he damaged a cellphone at a store in Tafuna. Taito is alleged to have walked into the store and asked to borrow a cellphone. After using it, he dropped it on the ground on the way out.

The defense attorney said his client is remorseful, and he requested that he be sentenced to time served (56 days).

The court sentenced Taito to 56 days at the TCF, with credit for time served. He is also to pay restitution of $100 for the phone he damaged, and a $100 fine to the court.

Earlier that same day, Taito appeared in High Court where he admitted to violating conditions of his probation. He didn't visit the Probation Office, he didn't pay his fine, and he didn't seek employment. A disposition hearing for that matter is set for next month.

MALALKI ALEKI

Twelve months probation was the sentence handed down for a man charged in two separate cases. Malaki Aleki appeared in District Court last week for a pretrial conference and order to show cause.

For the first case, Aleki pled guilty to public peace disturbance, under a plea agreement with the government. In return, the two counts of third degree assault (class A and class C misdemeanors) were dismissed. The charges stem from an incident that occurred Sept. 2021 while Aleki was intoxicated and yelling at a kid in front of a store — eventually grabbing the kid by the neck.

Last April, Aleki was sentenced to 6 months probation and ordered to attend and successfully complete alcohol counseling.

His probation term was set to end in October 2021 but he was picked up in September 2021 on this new charge.

The court modified Aleki’s probation and handed down a 12-month probation sentence, to be served concurrently with his prior probation term. Aleki is also to pay $200 within 45 days, in addition to $120 in outstanding court fees.

MAKESI FAALOGO

A man who had been clean — now has a criminal record because, according to the court, he chose to take the law into his own hands.

Makei Faalogo appeared in District Court last week for a pretrial conference, where he pled guilty to the single count of public peace disturbance against him.

The court did note that Faalogo has a "long, long traffic abstract," mostly involving commercial vehicles.

"No more citations, obey the rules of the road," the court said. "You should have let the police handle the situation. Now you have a criminal record."

Faalogo was sentenced to 6 months probation and ordered to pay $100 in 30 days.

The charges against him stem from an incident involving an altercation with a bus driver at a gas station.

TAALE FILEMU

A man who was intoxicated and caused a disturbance at his family home was arrested and charged with public peace disturbance.

Taale Filemu made his initial appearance in District Court last week where he entered a 'not guilty' plea. He was later released on his own recognizance and his next court appearance is set for next month.

According to the government's case, Filemu’s sister contacted police for assistance, saying Filemu was drunk and unruly, and he was attempting to throw a rock at her vehicle, which was parked in front of their home.

The defendant's sister told police that Filemu’s employer had called her, telling her that she was dropping Filemu off "because he is a troublemaker."

According to the criminal complaint, Filemu’s employer allegedly scolded Filemu and told him that he has an attitude problem when he is drunk, "and that has been his main problem." Filemu allegedly became upset and started yelling back at his boss, "aggressively, as if trying to pick a fight with her."

Filemu’s sister said that after she contacted police, Filemu allegedly went outside and started yelling profanities and screaming Samoan war cries. She said her brother has been arrested "so many times for the same reason" — being drunk and causing a disturbance at her house — "especially when the kids are home." His sister told police she does not want him back at the house.

Investigators said they could smell alcohol emitting from Filemu when he was being booked. They also reported that his speech was slurred and his eyes were bloodshot.

Standard conditions of release include Filemu being law abiding, making all his court appearances, keeping in close contact with his attorney, and not leaving or attempting to leave the territory without the court's permission. He is also to remain sober at all times.

TALIFILEMU AFITU

The next court date for a man who has been released on his own recognizance and ordered to maintain peace at home is April 23.

Talifilemu Afitu is charged with public peace disturbance for allegedly disturbing the peace in his neighborhood this past Sunday.

According to the government's case, a neighbor contacted police to report that he was asleep when he heard loud noises coming from the Afitu residence. He claims Afitu was yelling and screaming at his wife, who, along with Afitu’s sister, was trying to calm him down, "but to no avail."

Police who responded to the call say they could smell a strong odor of alcohol emitting from Afitu when they approached him. Investigators say the children were present, and they "were crying and appeared scared."

According to the court documents, Afitu came home around 1a.m. and when his wife asked him where he had been, he became angry and started arguing with her. The wife believes Afitu was out with another woman, and when she inquired about it, "he got so mad", and that's what sparked the escalated argument.

Despite all the alleged yelling and screaming, cops say they didn't observe any signs of physical abuse on Afitu’s wife, sister, or the children.

Upon arrival at the Tafuna Police Substation, cops weren't able to obtain a statement from Afitu regarding what happened at home, because he kept telling police he didn't remember anything.

SANI TOGIMAPU

A man who pled guilty to public peace disturbance (PPD) has been sentenced to 12 months probation, because the court said the 6-month recommended probation term from attorneys from both sides is not enough.

Sani Togimapu was initially charged with two counts of third degree assault and PPD. Under a plea agreement with the government, Togimapu pled guilty to PPD and the remaining charges were dismissed.

With his guilty plea, Togimapu admits that on Aug. 20, 2021 he was engaged in a fight, which involved 6 people, some of whom were juveniles.

In rendering sentence, the court noted that Togimapu's record reflects other PPD charges in 2017 and also 2019.

He said Togimapu is young, in his early 20s, and the court feels that a 12-month probation sentence is needed, to put him under longer supervision.

In addition to probation, Togimapu is ordered to pay off a citation ($50) that was issued in 2019 and a fine of $150 within 60 days.

"Find a job and pay your fines," the court said.

STEVEN IESE

A man accused of stealing has entered into a plea agreement with the government.

Steven Iese, who has a criminal record, appeared in High Court last week for his Change of Plea hearing.

Iese was initially charged with stealing and embezzlement — both class C felonies; and trespass, a class A misdemeanor.

But under a plea agreement with the government, accepted by the court, Iese pled guilty to an amended count of conspiracy to commit stealing, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both.

With his guilty plea, Iese admits that on July 15, 2020, he, along with another person, stole lumber and cement belonging to Adam Lee. Iese said he assisted his co-defendant in this matter, by loading the lumber, power tools and cement on to a truck and transporting the items to another location without the owner’s permission.

According to terms of the plea agreement, the government recommends probation and restitution of $1,750

Iese, who has been in custody since his arrest, unable to post a $5,000 bond, will be sentenced Jan. 25, 2022.

BACKGROUND

According to court records, Iese was convicted of unlawful possession of marijuana, and was ordered to serve 20 months in jail as a condition of a 5-year probation term.

The charge stemmed from an incident where police discovered a marijuana plant at his home.