Ads by Google Ads by Google

District Court hearings result in detentions in 4 seperate cases

American Samoa District Court building
ausage@samoanews.com

Pago Pago, AMERICA SAMOA — A man convicted of a crime while still on probation was ordered to serve out his period of detention that had been suspended at the beginning of this year, which was 41 days at the Territorial Correctional Facility (TCF).

Lipena Tevita appeared in District Court last month for two separate hearings — a pretrial conference for his new case and disposition hearing for his previous case.

Court records show that while Tevita was on a 12-month probation from a PPD conviction two years ago, he was arrested by police in November of last year on another criminal charge, this time with stealing, trespassing, 3rd-degree assault and property damage in the 3rd-degree.

When Tevita’s case was called, both parties informed the court that they had reached an agreement in the case.

According to terms of the plea agreement, Tevita would plead guilty to stealing and property damage and both parties recommended probation on the condition that Tevita pays restitution in the amount of $260 for the victim’s property he stole and damage

Furthermore, both parties also recommended to the court not to revoke Tevita’s probation, but instead to modify it.

Facts of the case show that around November of last year, Tevita had a fight with the victim and damaged the victim’s property with a total value of more that $200. Tevita went into the victim’s house and assaulted him after the victim spread rumors that Tevita allegedly broke into his parent’s home in Fogagogo and stole several items from inside the house.

Tevita strongly denied the allegation and told police that he never went into the victim’s parent’s home.

In delivering its decision, the court reminded Tevita that when he appeared in court for sentencing on his previous matter, the court suspended his period of detention of 45 days. The court then revoked his probation and ordered him to serve the 45 days at the TCF.

In the new matter, the court sentenced him to 24 months probation under the conditions that he pay restitution in the amount of $260 and serve 60 days at the TCF. He was credited for the two months he served at TCF while awaiting the outcome of his case.

Since Tevita had served more time than the period of detention the court ordered him to serve, he was released from custody after sentencing.

Tevita was also reminded that the court wants to see that he has paid half of his restitution when he appears in court on Oct. 22nd for a probation review hearing.

Furthermore, the court ordered Tevita to attend anger management, be law abiding and look for a job to pay his restitution.

The victim, who was in court during Tevita’s court proceeding hugged the defendant outside of the courtroom. According to the government’s case, the victim is the defendant’s uncle.

FINAU ASOMALIU

A man allegedly found with two small stamped size baggies containing methamphetamine (meth) inside his vehicle when police pulled him over for a traffic violation last year has finally been arrested and charged.

According to the government’s case, on Mar. 25, 2021 cops observed a vehicle heading west at a high speed and the driver was not wearing his seatbelt. A traffic stop in front of the Veterans Memorial Stadium was made by police.

The driver of the vehicle was later identified as Finau Asomaliu, the defendant in this case. When asked for his driver’s license, Asomaliu told police he had forgotten his driver’s license at home, and had no other form of photo identification on him.

Before Asomaliu was transported to the TPS because of no ID, police conducted a body search and nothing was found. The search then moved to the vehicle where police discovered a yellow envelope between the driver’s and passenger’s seats. Inside the medium yellow envelope were two small stamp-size baggies containing white powder.

The white powder was later tested and the result was positive for meth.

Asomaliu refused to make a statement to police regarding the two baggies containing meth.

He made his initial appearance in District Court where he was charged with one count of unlawful possession of meth, a felony.

Bail is set at $5,000.

BENJAMIN FARANI

The driver of a car in which police allegedly found a bag containing a white crystalline substance, marijuana joints, and drug paraphernalia has been arrested and charged.

Benjamin Farani made his initial appearance in District Court last month.

He is charged with one count of unlawful possession of methamphetamine (meth); and one count of unlawful possession of marijuana — both felonies, carrying a jail term of 5-10 years, a fine of $5,000-$20,000 or both for each count.

Bail is set at $10,000.

THE ALLEGATION

Farani and another man were in a car that was pulled over by police in Futiga for speeding last month. Farani was the driver. Samoa News is withholding the identity of the passenger until he is formally charged.

When asked for identification, Farani presented a driver’s license and an immigration ID — both of which had expired two years ago.

Officers instructed Farani and the passenger to exit the vehicle and they were taken in for questioning while the vehicle was impounded.

At the police station, the two officers who escorted Farani, said one baggie containing a white crystalline substance fell out when Farani exited the police unit. One of the officers asked Farani about the baggie and he responded, “I don’t know and that does not belong to me.”

When police checked where Farani was seated, they found a baggie containing a white crystalline substance, and during a body search, officers found a glass pipe containing a white crystalline substance on Farani.

An inventory of Farani’s vehicle netted a small bag in the back seat, containing one glass pipe with a white crystalline substance, and one baggie containing a green leafy substance.

The white crystalline substance tested positive for meth, while the green leafy substance tested positive for THC, the main compound in marijuana.

Tapeni refused to make a statement to officers regarding the illegal drugs allegedly discovered on his person and inside his vehicle.

According to the passenger, he was surprised when police found drugs in the vehicle. The passenger was released after questioning, as officers continue with their investigation.

WAYNE TOLEAFOA

The government has charged Wayne Toleafoa with one count each of trespassing and public peace disturbance, both misdemeanors, for his alleged involvement in an incident that occurred on the west side two months ago.

During last month’s court proceedings, a motion by the defense attorney to release Mr. Toleafoa on his own recognizance was denied by the court, due to his illegal immigration status. He was then remanded back to the Territorial Correctional Facility (TCF) without bail.

Toleafoa told his attorney that his Immigration ID is still valid until Aug. 21, 2022 however, according to a report from the Immigration Office that was presented to the court, his ID expired three years ago. Toleafoa’s wife, who is also his sponsor, left American Samoa with their five young children in 2020 and has never returned.

Court information states that police responded to a call from a family gathering in Happy Valley on a Thursday night, where Toleafoa was allegedly causing trouble and yelling profanities. His cousin tried to take him home but Toleafoa continued shouting profanities and inviting everyone at the family gathering to come and fight him.

He was then escorted away from the area where the gathering was held, however, he eventually returned and called out again for a fight. This time, he was holding a rock. Two males from the family who were hosts of the gathering chased him home, where police later apprehended him. According to police, Toleafoa admitted that he had been drinking, and he “reeked of alcohol.”

Court records show that Toleafoa has a previous conviction from 2015, for trespass, stealing and 3rd-degree assault and was sentenced to probation.

Toleafoa’s next hearing is scheduled for this month.