Court Report: First case involves guilty plea entered in warehouse burglary case
Pago Pago, AMERICAN SAMOA — A 26-year-old man who was accused of burglarizing a warehouse and a store in the Tafuna area and stealing property last year has pled guilty. Uili Fata appeared in High Court last week for a Change of Plea hearing.
He was originally charged with 1st degree burglary and stealing, both class C felonies, however under a plea agreement with the government, accepted by the High Court last week, Fata pled guilty to the amended charge of 2nd degree burglary.
With his guilty plea, Fata admits that on Aug. 20, 2020, he knowingly and unlawfully entered a warehouse building in Tafuna for the purpose of committing a crime. While he was inside the building, Fata admits that he took a computer and a computer bag belonging to someone else.
Moreover, Fata also admits that on Aug. 20th, he knowingly and unlawfully entered another building in Tafuna and took a box of oil and vehicle parts.
As a condition of the signed agreement between the parties, the government is recommending a probation term of 5 years.
Sentencing for Fata is scheduled for Sept. 24.
VILITONI ANESONE
The driver of a vehicle pulled over by police last month in Vaitogi for blacked out tail lights is now charged with violating local drug laws.
On July 14, 2021 about 10p.m, a vehicle was pulled over by traffic officers on the Vaitogi Public Highway, after they observed it had blacked out tail lights. Officers approached the driver, who was later identified as Vilitoni Anesone, the defendant in this matter. Police explained to Anesone the reason for the vehicle stop.
According to the government, Anesone did not possess a driver’s license nor any sort of identification on him. He was told the vehicle would be impounded at the Tafuna Police Substation (TPS) because he didn’t have a driver’s license.
A pat down search of the defendant resulted in a glass pipe containing a white substance, being found in Anesone’s pants pocket. Police also searched the vehicle and discovered under the passenger’s 2 small stamp-seized baggies containing green leafy substance.
The white residue inside the glass pipe was tested which yielded positive results for methamphetamine (meth). The green leafy substance was also tested, yielding positive results for THC, an active compound in marijuana.
Anesone told investigators he found the pipe and the 2 baggies of marijuana inside the vehicle, and when he was stopped by police he became nervous and scared — so he grabbed the items and put the glass pipe inside his pants pocket while he placed the 2 baggies of marijuana under the passenger’s seat.
Anesone made his initial appearance in District Court last month.
Anesone is charged with one count of unlawful possession of meth and one count of unlawful possession of marijuana, both felonies punishable by a term of imprisonment of not less than five nor more than ten years and a fine of not less than $5,000 nor more than $20,000, or both.
Bail is set at $5,000.
MALAKI TU’IALA
A man who was released by the District Court on his own recognizance last month after he entered a not guilty plea to disturbing the public peace (PPD) and third degree assault is back in court for the same thing.
Malaki Tu’iala is now charged with 4 misdemeanors: PPD, third degree assault, third degree property damage, and criminal contempt of a court order.
He entered a not guilty plea during his initial appearance in District Court last week, where the court set bail at $500. If he is able to post bail, Tu’iala is ordered to stay away from where the alleged incident took place, be a law-abiding citizen, and remain sober.
The government claims that police got a call during the early hours of Aug. 02, 2021 regarding a man allegedly throwing rocks at their residence, shouting loudly (Samoan war cry), and yelling profanities.
When cops arrived, the defendant was standing at the back of the victim’s house holding rocks in both hands and as soon as Tu’iala saw the police, he threw down the rocks and fled the scene.
Tu’iala was apprehended by police officers a few blocks from the area where the alleged incident occurred. When police apprehended the suspect, police observed blood coming from his facial area and his head. Another cut was also observed by police on his left foot. Tu’iala was later transported by EMS personnel to LBJ Hospital for treatment.
The victim told police that Tu’iala came to his house drunk and asked him if he could speak to his son. While the suspect and the victim’s son were standing outside of the house, the victim heard Tu’iala shouting profanity at his son. He then came out of the house to check what was going on.
The victim asked the suspect why he was being loud and yelling profanity. The suspect did not reply but instead punched the victim in the face causing the victim to fall down. The victim’s son who was standing beside the suspect struck the suspect’s head with a hard piece of wood.
The suspect then ran to the back of the victim’s house. A few moments later, the victim and his family heard rocks hitting the roof of the house, while one rock hit the victim’s vehicle parked outside of the house.
The victim told investigators that Tu’iala continued to yell profanities in front of their home, and threatened him, saying he was going to come over and cut him with a machete, and chop everyone up.
The suspect was treated at the LBJ Hospital and was later released into the custody of police. When asked about the alleged incident, the suspect told police that he went to confront the victim’s son for spreading rumors that he’s (suspect) involved in selling illegal drugs inside the village.
As he spoke to the victim’s son, the son pushed him causing his head to hit the back of the vehicle. That is when he got mad and yelled out profanities. The victim then came out and yelled profanities at him and threatened to shoot him with his gun. According to the suspect, that is when he allegedly assaulted the victim by punching him in the face before the victim’s son struck his head with a hard piece of wood.
Pretrial conference is set for next month.
LIO LAFAELE
A man accused of assaulting another man with a knife has entered into a plea agreement with the government.
Lio Lafaele, who has been in custody since his arrest in 2020, appeared in court last week for his Change of Plea (COP) hearing.
Lafaele, 50, was initially charged with a class A felony first-degree assault, which carries a punishment of life imprisonment or at least 30 years in jail. But under a plea agreement with the government, Lafaele pled guilty to the lesser felony of second-degree assault, punishable by a term of imprisonment of up to 5 years, or a fine of up to $5,000, or both.
With his guilty plea, Lafaele admits that on Feb. 23, 2020 at his plantation, he stabbed Wayne Latu two times with a kitchen knife causing severe injuries to him.
According to terms of the plea agreement, the charges against Lafaele stem from an incident where he stabbed another man with a knife when he found the man stealing bananas from his plantation in Mapusaga Fou.
Lafaele had gone to do his usual work at his banana plantation, however, in the middle of his plantation he found bananas lying on the ground. He then noticed Latu inside his banana plantation. Lafaele questioned Latu about why he did such a bad thing to him where he cut down his bananas without his permission.
Instead of saying he’s sorry for what he did, Latu told Lafaele that these are food from God, not his. Latu then grabbed the bananas and started to walk back to the main road. Out of anger, Lafaele followed Latu and stabbed him from behind in his back and shoulder.
Latu tried to pushed Lafaele away but Lafaele was too strong, he pushed Latu to the front and punched him in the face causing Latu to fall on the ground and hit his head on a rock. The defendant felt dizzy and became unconscious when the victim punched him — but woke up again after his head hit a rock.
Once the defendant was conscious, Lafaele walked over to him and kicked him in the facial area and multiple times in his back and head.
Sentencing is scheduled for next month and Lafaele is still in custody, unable to post a $30,000 surety bond.
WILLIAM FUIFATU
A man accused of stealing items from his employer has pled guilty in the court.
William Fuifatu was initially charged with 3 counts of stealing, and 3 counts of 2nd degree burglary, all class C felonies. Under a plea agreement with the government, Fuifatu agreed to plead guilty to 3 counts of 2nd degree burglary, in return, the remaining charges were dismissed.
With his guilty plea, Fuifatu admits that on Aug. 12th and 28th, 2020, as well as on Oct. 3rd, 2020 in Tafuna, he unlawfully entered the warehouse of the company where he was working and stole several items.
Fuifatu further stated that on the dates of the incidents, he broke the back door of the warehouse to enter. While he was inside, he stole several power tools along with other merchandise and took it to his house.
Fuifatu, who has been in custody since his arrest, unable to post his $15,000 bond, is scheduled to appear in court next month, for his next hearing.