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Court Report

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TWO MEN CHARGED FOR ASSAULTING EACH OTHER
reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — On January 2, 2024, at about 5:20pm, a woman contacted the Tafuna Police Substation (TPS) to report an alleged assault by Austin Fanene on Prince Palepoi in the front of the bus stop near a restaurant in Tafuna. However, it was later determined that both individuals were allegedly at fault.

The defendants were each charged with the following:

Count 1: Public Peace Disturbance — a class B misdemeanor, punishable by imprisonment for six (6) months, a fine of $500, or both; and,

Count 2: Assault in the Third Degree — a class A misdemeanor, punishable by imprisonment for up to one (1) year, a fine of $1000, or both.

Bail for the defendants was set at $500.

When officers arrived at the scene, they found Palepoi sitting on the grass across from the SOPAC warehouse in Tafuna, allelgedly yelling out profanities in a public area at Fanene. Officers apprehended both Fanene and Palepoi and transported them to the TPS.

Both men were Mirandized. Fanene refused to make a statement, however Palepoi provided a verbal statement regarding the incident.

According to Palepoi, the argument began when both he and Fanene went to the store together to get a soda for Fanene. Palepoi claimed that he was thirsty and Fanene told him “to get his own soda.” This caused a verbal argument between the two that escalated into a physical altercation.

“Palepoi threw the first punch and hit Fanene’s head, whereas Fanene grabbed the wooden Christmas tree that was used to decorate the Tafuna area and struck Palepoi’s left arm twice,” the affidavit states. Palepoi then allegedly caused a disturbance in public around the Tafuna area (SOPAC) yelling out profanities as cars passed by on the road.

According to the affidavit, there were no visible injuries and both Palepoi and Fanene refused medical assistance.

Both were booked and confined at the Tafuna Correctional Facility (TCF) to await the next sitting of District Court.

Palepoi was identified as a citizen of Samoa and Fanene was identified as a U.S. National.

FELISE FALANAI

On December 29, 2023, at about 11:54pm, a peace disturbance in Mapusaga was reported to the TPS regarding a male individual identified as Felise Falanai. The suspect was allegedly making “unreasonable noises and yelling the war cry (faaumu) multiple times.”

The defendant was charged with one count of Public Peace Disturbance — a class B misdemeanor, punishable by imprisonment for six (6) months, a fine of $500, or both.

When police officers arrived at the scene, the woman who contacted the TPS explained that the defendant continuously yelled the war cry (faaumu), alarming to those in the area, which was the main reason she contacted the TPS.

The caller pointed out the suspect who was sitting across from her house, at his own home.

When officers approached the suspect and questioned him regarding the incident, the suspect responded with a loud war cry (faaumu). It was then that they noticed a few injuries and blood on the suspect and could detect a strong odor of alcohol coming from the suspect.

Police officers contacted EMS to seek medical treatment for the suspect. The defendant was apprehended and transported to the TPS for booking where he received medical treatment for his injuries.

The defendant was transported to the Tafuna Correctional Facility (TCF) and confined to await the next sitting of the District Court.

The defendant was identified as a citizen of Tokelau.

DENNIS ELISARA

On January 3, 2024, at about 9:24am, a woman contacted the Tafuna Police Station (TPS) to report a male individual later identified as Dennis Elisara for allegedly causing panic at a store in Iliili. According to the caller, Elisara “threw a stone at the exterior glass door, and threatened the woman with the stone.”

The defendant was charged with the following:

Count 1: Public Peace Disturbance — a class B misdemeanor, punishable by imprisonment for six (6) months, a fine of $500, or both;

Count 2: Assault in the Third Degree — a class C misdemeanor, punishable by imprisonment for up to fifteen (15) days, a fine of $300, or both; and,

Count 3: Property Damage in the Second Degree — a class A misdemeanor punishable by imprisonment for up to one (1) year, a fine of $1000, or both.

Bail for the defendant was set at $500.

When officers responded to the call and arrived at the store in Iliili, it was revealed that the suspect fled the scene immediately after causing the disturbance and damaging the door.

Police officers spoke with the victim who explained that Elisara walked into the store and started “cursing” which alarmed the customers. The victim then asked the suspect not to yell or swear in the store because he was frightening the customers as they shopped.

After calming himself down, he explained to the victim that he went to the ASNAP office to pick up his food stamps but his case worker was not at work. According to the affidavit, the victim “advised the suspect to go back to the food stamp office and talk to a coworker and explain to them this matter.”

According to the victim, the suspect reacted angrily and told her to “shut up”. The suspect furiously stormed out of the store, slammed the glass door, and punched it with his fist. The suspect then started yelling and swearing in an outraged state.

The victim said that the suspect left but returned later in the day, where he grabbed items sitting on the counter and threw them on the floor.

The victim expressed that “she panicked and was scared at the same time when the suspect was still yelling.”

Afterward, the suspect allegedly picked up a rock and violently threw it at the glass door. The victim quickly contacted the TPS seeking assistance regarding the suspect.

As stated in the affidavit, “the suspect attempted to strike the victim with the stone as he yelled out that he doesn’t care about anyone.”

Police officers searched for the suspect at his home in Futiga, however, at the time, they were unable to locate the suspect. It was later that the suspect was seen walking in Malaeimi near the American Samoa Community College and was apprehended. The suspect and transported to the TPS for further investigation.

He was booked and confined at the TCF to await the next sitting of the District Court.

The defendant was identified as a U.S. National.