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Cops discover rape and sex abuse charges pending for man found with marijuana

Just say no to marijuana graphic
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A man from Ottoville was arrested last month for allegedly assaulting his young cousin at his cousin’s house during a verbal altercation. However, during his arrest, cops discovered drugs in his possession. Moreover, the defendant has an active warrant for rape and sexual abuse charges from two years ago.

The defendant, Tivoli Wayne made his initial appearance in court last month.

The government has filed two separate criminal cases against him.

In the first case, Wayne is charged with unlawful possession of marijuana and assault in the second degree, both felonies, along with trespass and public peace disturbance, both misdemeanors.

Bail for this case is set at $10,000.

In the second case, he is charged with one count of rape and two counts of sodomy, both class B felonies, punishable by a term of imprisonment of not less than five not more than fifteen years; along with 3 counts of 1st degree sexual abuse, a class D felony, punishable by term of imprisonment of up to five years, a fine of up to $5,000, or both.

Bail for this case is set at $50,000

THE PPD & DRUG CASE

On Friday afternoon, Oct. 14, 2021 the Leone Police Substation received a distress call from a man in Puapua requesting police assistance because his nephew (defendant) was causing a disturbance at their home by shouting profanities and making unreasonable noise and assaulting his son (victim). The father further stated that his nephew (defendant) had a knife in his possession and that he had just pointed the knife at his son’s neck

Several police officers responded to the call and talked with the father who reported the matter. The father told officers that his nephew (defendant) had fled to the bush near their home. The victim’s father further stated that minutes after police arrived he heard the defendant yelling profanities while making his way to the back of their house.

Senior police officers with their firearms drawn proceeded on foot in the direction the defendant had fled. The search lasted 40 minutes before police discovered him about 70- 80 yards away from the victim’s home. Apprehended, police discovered a concealed the knife on the defendant.

The defendant was later transported to the Tafuna Police Substation (TPS) for further investigation.

The reporter told police he was notified by his daughter that the defendant had left their house after assaulting the victim. The daughter (victim’s sister) told her father that the defendant forced his way into their house and started an argument with the victim. During the argument, the defendant struck the victim causing the victim to fall down. That’s when the defendant pulled out a knife and put it to the victim’s neck.

The defendant was transported to the TPS for questioning regarding the alleged incident. After being Mirandized, the defendant responded that he understood his rights and wanted to make a statement regarding the incident.

He told investigators that he was furious at his cousin (victim) because the victim came inside their house and scolded his mother and told his mother to leave the land.

He claimed that he forced his way inside the victim’s house after the victim refused to come outside to talk to him. He entered the house and saw the victim sitting on a chair inside the living room watching TV. He asked the victim the reason for scolding his mother, but the victim did not say a word. That’s when the defendant punched him in the face multiple times causing the victim to fall down. The defendant admitted that he had pulled a knife on the victim to threaten him.

Before the defendant was transported to the TPS for questioning, he was patted down for weapons. During the body search, officers discovered two small stamp-sized baggies in his pocket, containing green leafy substance.

When asked about the green leafy substance, the defendant told investigators that he had gotten the drugs from a friend from Vaitogi. He further stated that he bought the drugs for $30 and every week, he got his stuff from his friend. The green leafy substance was tested using the Levine Duquenois test kit and it later tested positive for THC, the active ingredient in marijuana.

THE RAPE CASE

The government claims that on Dec. 29, 2019, a woman contacted the TPS for assistance in questioning her daughter about a disturbing phone call that she (the mother) had received earlier from her female cousin in Ottoville. The woman told police that her female cousin informed her that her16-year-old daughter was allegedly raped by a man identified as “T”, a.k.a Tivoli Wayne, the defendant in this matter.

Several police officers responded to the call and at the time interviewed everyone involved in the matter.

The victim was first interviewed by investigators, who stated that she was in Ottoville earlier that day and she later needed a phone to call her home for a ride. She stated that she walked to a relatives’ houses in the area to look for a phone. On the way she encountered a male by the name of Tivoli Wayne on the road and asked him if she could use his phone to call her parents.

Wayne told the victim he left his phone at home but they can go to his house to use his landline telephone. The victim agreed and walked with Wayne to his house, which was a few blocks away from the location where they met.

The pair arrived at Wayne’s home and he invited the victim to come inside the house to use the phone. While the victim was speaking on the phone, Wayne disconnected the telephone line from outside. He then walked inside the house pretending nothing had happened.

That’s when he walked towards the victim and grabbed her hand and allegedly pulled her inside his room, removed her clothes and allegedly raped her. The victim tried her best to push the defendant away from her but Wayne was too strong and managed to hold her down while allegedly committing the rape.

Afterwards, Wayne gave the victim $50 and told her not to discuss what happened to anybody.

The victim told investigators that she never reported what happened that day to her parents nor her aunt. Two days later, the victim met the defendant at a nearby store and she agreed to go with the defendant to the defendant’s house to hang out for the rest of the day. According to the victim’s statement to investigators, Wayne raped her twice that day before he let her go home around 5:10p.m.

On Dec. 28 around 11:21p.m, the victim was at her aunt’s house in Ottoville, along with her aunt’s two young children, while the victim’s aunt was at work.

Around 12:30a.m, the aunt arrived home from work. As she entered the house, the aunt heard people talking from inside the victim’s room. She heard the voice of a male individual. The victim’s aunt opened the door and discovered a male individual inside the room and immediately instructed him to get out of her house.

After speaking with the victim that morning, the victim’s aunt called her sister (victim’s mother) and informed her of the situation. The victim’s mother then contacted police to report the matter.

When questioned by investigators, the victim’s aunt collaborated the victim’s statement about what happened that night at her house.

The victim’s mother was interviewed by investigators and she confirmed that her daughter explained everything that had happened between her and Wayne. The victim’s mother further stated that according to her daughter, the sexual relationship started four months ago when her daughter was allegedly raped by the defendant at his house in Ottoville.

After obtaining statements from the victim and her family, investigators went to locate the defendant. They visited his house and he was not there. Investigators continued to look for the defendant all over the area but was unable to locate him.