Court Report: Convictions, sentencings and testimony
Pago Pago, AMEICAN SAMOA — A man who has a pending matter in the Family, Drug and Alcohol (FDA) court was arrested by police last month and charged with criminal contempt. However, during a body search, cops discovered a glass pipe containing a white crystalline substance inside his pocket along with another baggie that contained a green leafy material.
Sione Fiatala made his initial appearance in District Court last month.
He is charged with one count of unlawful possession of methamphetamine and one count of unlawful possession of marijuana, both felonies, along with resisting arrest, 3rd- degree assault and criminal contempt of a court order.
Bail is set at $5,000.
During his initial appearance, Fiatala’s defense attorney informed the court that his client wished to exercise his rights to a preliminary examination (PX).
PX is scheduled for next week.
According to the government's case, police got a call for assistance in Fogagogo, reporting that Fiatala was drunk, disorderly and yelling out profanities to people walking on the road.
Cops who responded to the call and a search for the suspect was carried out at his home. Fiatala fled from the police, but the help from neighbors, he was captured and escorted back to the area where the police unit was waiting for him.
Fiatala was arrested, searched and placed inside the police unit for transportation to the Tafuna Police Substation (TPS) for further investigation.
During the body search, a police officer found a black pouch inside the defendant’s pants pocket. Inside the black pouch was a small stamp sized baggie containing a white crystalline substance, which later tested positive for meth, along with another baggie containing a green leafy substance, which later tested positive for THC, the active compound in marijuana.
JOSEPH TAULAGI
A man who was convicted of receiving stolen goods has been sentenced to 5 years probation.
Joseph Taulagi was initially charged with one count of conspiracy to steal, a class C felony, punishable by imprisonment of up to 7 years, a fine of up to $5,000 or both; however, under a plea agreement with the government, Taulagi pled guilty to the amended charge of receiving stolen property, a class A misdemeanor, punishable by a jail term of up to one year, a fine of up to $1,000, or both.
With his guilty plea, Taulagi admits that on July 23, 2021, he received from someone, property valued at less than $100 that was stolen from Lee’s Minimart in Tafuna.
During sentencing, Tuilagi apologized for his actions and asked for a second chance so he can continue caring for his mother and young son, who were both in court that day.
The defense attorney said Taulagi is a first time offender and he asked the court for a probated sentence without any period of incarceration. He said his client spent almost 12 months at the Territorial Correctional Facility (TCF), and he lost his job as a result.
The prosecutor did not oppose the defense's request for a probated sentence, saying the 12 months Taulagi spent in jail is more than enough punishment for what he did.
The court agreed, and noted that Taulagi has no prior criminal record in High Court, only a few appearances in District Court.
“We do note Mr. Taulagi that in 39 years you have managed to keep yourself away from violating the law, until this recent violation when you hung around with the wrong people, or with some other kind of influence which is something you need to address by yourself, to make sure you don’t repeat it,” the court said.
Taulagi was sentenced to 5 years in jail; however, execution of the sentence was suspended and he was placed on probation for 5 years under the condition that he remains law-abiding, and pay a fine of $1,000 and restitution of $195.83
BACKGROUND
Taulagi used his vehicle to pick up two men who stole items from Lee’s Minimart in Tafuna on July 23, 2021 and transported them to his apartment in Kokoland in the Tafuna area. After he dropped the two men off, he received some of the stolen items as payment for his service.
FERETI KIRISOMA
The government has filed second-degree burglary and felony stealing charges against Fereti Kirisoma, for his alleged involvement in a store break-in last year.
According to the government’s case, police received a call on June 28, 2021 from the victim, reporting that his store was broken into, and that Kirisoma and a man identified as Alatoa Fala were captured on the store’s surveillance camera.
The police were shown the footage and told that the two men took off with phone cards, $430 cash, food, and two cartons of cigarettes.
Police identified one of the men in the video as Fala, and they proceeded to his Tafuna home where he was apprehended last year. The search for Kirisoma was unsuccessful that day.
According to court filings, Fala admitted to breaking into the store and stealing the items with Kirisoma.
When police went to Kirisoma’s residence, they found the cigarettes from the burglary, and inside one of the rooms was a 19-year-old male with canned food and $178 cash on him, who said Kirisoma a had given him the money and canned goods.
The government has yet to file charges against the 19-year-old male. The government attorney informed the court that police are still investigating the matter.
Kirisoma made his initial appearance in District Court last month and bail is set at $10,000. Preliminary examination is scheduled for next week.
FAAVESI ALIITOMA
A man who is on probation for an assault conviction from last year was arrested last month on the allegation that he assaulted his neighbor.
Faavesi Aliitoma made his initial appearance in court last month.
He is charged with one count of second-degree assault, a class D felony, punishable by up to 5 years in jail, a fine of up to $5,000 or both; and two misdemeanors: trespass and third-degree property damage.
Bond is set at $5,000.
Preliminary hearing is next week.
According to the government’s case, the victim’s wife contacted police for assistance, after Aliitoma went over to the victim’s home and struck him on the head with a piece of wood.
The victim sustained head injuries and as a result, was admitted to the LBJ Hospital where he underwent surgery. Eight stitches were needed to close the gap on the left side of the victim’s head.
According to the victim’s statement to police, he was fixing the back door of his home when Aliitoma walked over and called out his name.
The victim said he came out to see what Aliitoma wanted and was shocked when Aliitoma struck him on the head with a piece of wood he was holding.
The victim said he fell to the ground and while he was down, Aliitoma kicked his back and punched him twice on his face.
Aliitoma was arrested at his home and transported to the TPS for questioning. When asked about the alleged incident, Aliitoma told police that the victim threw a rock that damaged the front windshield of his vehicle, which was parked in front of his house.
Aliitoma allegedly admitted to police that he assaulted the victim, by hitting him on the head with a piece of wood.