Ads by Google Ads by Google

Court sentences four men after they plead guilty to various charges

ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A young man from Pavaiai with a long criminal history entered into a plea agreement with the government last week during proceedings before the Court.

Fiti Lago, who is on probation, was initially charged with 4 misdemeanors including two counts of third-degree assault, resisting arrest, and public peace disturbance.

However, under a plea agreement with the government, Lago pled guilty to public peace disturbance and the remaining charges were dismissed.

With his guilty plea, Lago admits that on June 19, 2021 in Pavaiai, he disturbed the public peace by being involved in a fight, during which he became loud and caused fear in others.

The Court sentenced Lago to 6 months probation.

According to court records, Lago has been detained since his arrest and therefore has already served almost 10 months in prison.

The court ordered that Lago be released from the Territorial Correctional Facility (TCF) but he will remain there, pending a hearing to revoke his probation in the High Court next month.

The revocation hearing concerns a case in 2018, when the High Court placed Lago on probation for five years, after he was convicted of felony driving and resisting arrest. As a condition of his probation, he was ordered to serve 20 months at the TCF and remain a law-abiding citizen.

FERETI ONE

A 39-year-old man convicted of driving with a permanently suspended license is going to jail. Fereti One, who has been in custody since his arrest last year, unable to post a $5,000 bond, appeared in court last month where he was sentenced to 20 months at the TCF, as a condition of a 5-year probation term.

One, a farmer from Pavaiai, pled guilty to the initial charge under a plea agreement with the government. He admits that on Dec. 29, 2021 he operated a motor vehicle while his license was permanently suspended by the District Court. He had been convicted of driving under the influence (DUI) three times previously.

When given the chance to speak, One apologized and asked for a chance to return home to care for his family. He said he was driving to the store in Nu’uuli to drop off his bags of vegetables to sell, so that he could provide money for his family.

The defense attorney asked the court for a probated sentence, saying he has already advised his client to find another way to transport his vegetables if he is released.

He reminded the court that despite his client's conviction, it is clear from the police report that there was no alcohol or illegal drugs involved when police pulled him over.

The prosecutor echoed the defense motion for a probated sentence, saying One has shown true remorse, however adding that a period of incarceration is appropriate, so a message is sent out to other drivers whose licenses have been suspended that the court will not take these issues lightly.

The court told One, “You took a big risk when you got behind the wheel, knowing that your driver’s license was permanently suspended by the court after you were convicted of driving under the influence of alcohol three times.”

“The only good thing in your favor, as stated by your defense attorney, is the fact that there was no alcohol or illegal drugs involved in this case, when police arrested you. Our sentence will reflect that."

One was sentenced to 5 years imprisonment. Execution of sentence was suspended and he was placed on probation for 5 years under certain conditions. He is to serve 20 months at the TCF. After 12 months, which includes time served, the court will consider a motion for work release.

One is not eligible for trustee status while at the TCF.

VINEULA FAITALA

A man who was released by the District Court on his own recognizance in January of this year 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.

Vineula Faitala 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 Court and his bail is set at $500. If he is able to post bail, Faitala 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 Sunday, Mar. 13, 2022 regarding a man allegedly throwing rocks at their residence, shouting loudly (Samoan war cry), and yelling profanities.

When cops arrived, Faitala walked towards the police unit yelling profanities at them. At the time, he was at the back of the victim’s house holding rocks in both hands that he threw down and fled the scene.

Faitala 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. Faitala was later transported by EMS personnel to LBJ Hospital for treatment.

The victim told police that Faitala 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 Faitala shouting profanities at his son. He then came out of the house to check what was going on.

The victim asked the suspect why he was loud and yelling profanely. The suspect did not reply but 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 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 Faumui 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 profanity. The victim then came out and yelled profanity at him and threaten 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 piece of wood.

Pretrial conference is set for next month.

FALETOLU AMOSA

A man convicted of stealing from a store in the Tafuna area told the court that he’s sorry for what he did and he’s truly remorseful for his action.

Faletolu Amosa appeared in Court last month for sentencing after he pled guilty to the charge of stealing, a class C felony.

Amosa apologized for his actions and asked for forgiveness. “What I did was bring shame to my family and myself. What was written in the newspaper about my case makes me embarrassed and I want to change my life and do good things. I’m truly remorseful and I want to go back home and care for my parents,” he said.

According to Amosa, his father is unemployed and stays home because he’s disabled and can’t walk and he’s the only one in the family — the eldest of his parents’ six children — on whom his sick father depends for everything in the family.

The defense attorney told the court that his client made a terrible mistake. Not only did he break the law, but he also set a bad example for the juveniles he allowed to be involved in the burglary.

“I hope that the period Amosa spent in prison will wake him up and change his path, because if he continues to live like this, he will spend the rest of his life behind bars, or end up in a different place, including the hospital. He’s really young and he has a bright future ahead of him,” defense attorney said.

He asked for a probated sentence so his client can get a job to care for his parents, and pay his fine and restitution.

The government’s attorney also asked for a probated sentence, including a period of detention. He said that despite the fact that the defendant has no prior criminal record, what he did was serious and he has to face the consequences of his actions.

Amosa was sentenced to 7 years in jail. Execution of sentence was suspended and he was placed on probation for 7 years with conditions.

He has to serve 28 months without release, and pay $2,000 restitution to the store. After serving one year in jail, the defendant would be eligible for work release, provided he finds a job to pay restitution.

He is not to make any contact with his co-defendant, and he is to stay away from the store he burglarized. He is also to remain alcohol and drug free.