Pago Pago, AMERICAN SAMOA — The Trial Division of the High Court of American Samoa has denied bail for Thomas Siaumau who is facing 9 criminal charges for allegedly shooting at DPS police officers with an AK-47 rifle on December 14, 2017.

In the decision, signed by Chief Justice Michael Kruse and Associate Judges Fa’amausili Pomele and Muasau Tofili, the court noted that Siaumau would pose a danger to society if released on bail, and he also appears to have access to high-powered weapons with little concern for human life.

Siaumau was arrested pursuant to a warrant — without bail — issued by the District Court, where he appeared for his initial appearance and waived his right to a preliminary examination. Thereafter his case was bound over to the High Court.

Earlier this year in February, Siaumau filed a motion to set bail bond, asking the court to set bail at a reasonable amount. The government filed its opposition, and arguments were set to be heard Apr. 6, 2018.

According to the court, the Revised Constitution of American Samoa gives a criminal defendant the right to be released on bail under certain cases.

“As the High Court made clear in a prior decision, under Article I, Section 6, the court need not to set bail where 1) there is a great presumption that a crime has been committed by the defendant; 2) the crime was an infamous crime; and 3) the defendant’s release would pose a danger to the community,” the decision says.

The court noted that the first prong of the exception to setting bail is met where “sufficient evidence” in support of the charges was presented at the preliminary examination. As for the definition of “infamous crime” such as “murder and rape” are merely examples of the much larger category of “infamous crime”.

In this case, Siaumau waived his right to a preliminary examination and he chose not to attack the basis for the warrant of arrest but instead, accepted the record before the District Court, including the supporting affidavits, upon which the District Court found probable cause to support the charges.

“Having done so, defendant is now unable to contest the sufficiency of evidence prong of Article I, Section 6 by citing to the lack of preliminary examination record. By waiving his right a preliminary examination, defendant necessarily opted for the status quo, namely, the extant record as developed at the arrest warrant application stage,” the decision says.

“We also found that the crimes were infamous. In total, defendant is charged with five felonies. Under our precent, a felony is an infamous crime for the purpose of Article I, Section 6”.

Lastly, the court finds that Siaumau would pose a danger to society if released on bail, as he appears to have access to high-powered weapons and little concern for human life, having allegedly fired a rifle at a vehicle being operated by a police officer.

Siaumau has multiple convictions for crimes such as resisting arrest and 2nd degree assault. In one prior case, the defendant was convicted in Hawai’i for such crimes as assault and “terroristic threatening”.

“With this history of violence and lack of respect for law enforcement, there is a high likelihood that defendant will engage in some sort of violent crime during his period of release from custody,” the decision says.

“In conclusion, defendant clearly falls into the exception carved out by Article I, Section 6 of our Constitution and we are well within our power to require that he remain in custody for the duration of these criminal proceedings. Defendant’s motion to set bail bond is denied.”

BACKGROUND

Siaumau’s attorney William Olson said during a hearing last month that his client has the right to a hearing to set bond. While the government is still in the process of sending their evidence off island for testing, Olson asked the court to set bail for Siaumau.

Olson argued there was no PX hearing, because Siaumau waived his right to one, whereby his case was then bound over to the High Court for arraignment.

Olson asked the court to at least establish some bond amount, either $250,000 or a reasonable number.

The government’s attorney opposed the defense's motion.

Assistant Attorney General Woodrow Pengelly said District Court Judge Fiti Sunia issued an arrest warrant based on the affidavit the government presented to support the allegations against the defendant. For that reason, said Pengelly, Sunia refused to set bail in this case.

According to the government, Siaumau has quite a criminal record. He was convicted of assault and property damage, both felonies, in 2009.

He has a conviction in the District Court involving resisting arrest and threatening police officers, and he also has a 2010 conviction in Hawai’i.

According to the prosecutor, Siaumau has already admitted to violating conditions of his probation from his Hawai’i case.

According to information the government received, the court in Hawai’i has issued a bench warrant to arrest the defendant immediately after he left the island of Oahu, without permission from the court.

Siaumau is still in custody, awaiting his next hearing in court set for later this month.