FREDERICK CRICHTON

A man, in his early 20s, accused of assaulting a homeowner with a rock, pled not guilty last Friday in High Court where he was arraigned on two felony counts of first degree assault and burglary first degree following an incident on the evening of Nov. 12, 2016 in Ili’ili.

Frederick Crichton’s case was bound over to the High Court after District Court Judge Fiti Sunia ruled on Thursday during the defendant’s preliminary examination hearing that the government has sufficient evidence to support its case.

During the District Court hearing, the government called two witnesses, the police officer overseeing the investigation and the Ili’ili homeowner allegedly assaulted by Crichton and two other young men, who are facing separate charges.

Prior to hearing testimony from the government witnesses, Crichton’s attorney Public Defender, Douglas Fiaui sought to have all charges dismissed arguing that the government failed to comply with the law on the time frame to hold such a hearing after a person is arrested and charged.

He said the defendant was charged on Nov. 14, 2016 and this should have been followed by a preliminary examination hearing 10-days later, if the person is in custody. However, he said the government is 36 days late.

However, after Sunia reviewed all the evidence and testimony, he ruled that the government had complied with provisions of the law. He also found that the government has sufficient evidence to support the charges against the defendant and bound the case to the High Court.

VALAAU TA’ASE

Another overstayer in American Samoa has surfaced in District Court after the individual was taken into custody and charged last week with two misdemeanor counts of public peace disturbance and trespassing.

Court information, based on Immigration Office records, states that Valaau Ta’ase entered the territory on a 30-day visitor’s permit in May 2016 and has remained in American Samoa illegally.

Ta’ase was taken into custody after he created problems two weeks ago in Fagatogo, when he and his friends had an alcohol-drinking party. The government alleges the defendant was swearing at one of his drinking buddies,  and then went after another on of his friends, who was already at home, calling out to him to come outside and fight. By this time, police had arrived on the scene and he was taken into custody.

At last week’s hearing, District Court Judge Fiti A. Sunia told the defendant that he is a visitor to American Samoa and therefore required to comply with all local laws, including immigration laws. 

Because he is an overstayer, the defendant remains in custody without bail and is scheduled to appear again in court later this month.

FILIPO UELE

The District Court late last week sentenced Filipo Uele to 12 months probation after he pled guilty to misdemeanor third degree assault under a plea agreement with the government. He was initially charged with three misdemeanor counts of public peace disturbance, third degree property damage and assault in the third degree. 

Court information revealed that alcohol was once again a contributing factor that resulted in the defendant causing trouble by assaulting a drinking buddy, whose cell phone was also damaged by the defendant.

The court also imposed several conditions for probation, which include paying a $125 fine as well as attending and completing anger management and alcohol counseling.

(Original Samoan stories in Lali section on Dec. 30 edition of Samoa News)