Pago Pago, AMERICAN SAMOA — A young man who assaulted another man by punching him in the face and kicking him multiple times while he was on the ground was sentenced last month to 24 months behind bars.

Ualesi Taaloga was initially charged with third degree assault; third degree property damage; resisting arrest; and stealing — all class A misdemeanors. However, under a plea agreement with the government, accepted by the court, Taaloga pled guilty to third degree assault and third degree property damage, each punishable by imprisonment of up to one year, a fine of up to $1,000 or both. The remaining charges were dismissed.

Taaloga admits that on Aug. 12, 2020 he, along with two of his male friends, assaulted the victim, who had joined their drinking session at Taaloga’s home. A verbal argument erupted between the victim and one of Taaloga’s friends, causing Taaloga to instruct his friend to leave.

As Taaloga’s friend was leaving the area, the victim yelled out to him and challenged him to a fistfight. That’s when Taaloga, who had tried hard to calm things down, punched the victim, causing the man to fall down, where Taaloga continued to assault the victim. He also damaged the victim’s iPhone valued at over $100.

When cops tried to place him under arrest, Taaloga refused to have his hands cuffed and walked away from officers.

Taaloga apologized to the court and begged for a second chance, saying he is the only person working to support his 3 young children. The court sentenced Taaloga to 24 months in jail, subject to several conditions. He is to pay a $100 fine, and attend and complete anger management counseling.

ALLEGED SEXUAL ABUSER ARRESTED

A 42-year-old man from Malaeimi was arrested by police last month, for the alleged sexual abuse of a 16-year-old girl.

The matter was reported to authorities by the victim’s father on Nov. 20th. Police who responded spoke to the victim and her parents at their home. According to the government, the defendant is a friend of the victim’s parents, and they are neighbors. The victim’s family treated the alleged offender as one of their own ‘aiga’.

The defendant was not home when police arrived in the area, and a couple that lives next door told investigators that he took off when he saw police units heading towards the victim’s home.

According to the victim’s statement to police, one of her neighbors — a single mother — asked her to go to the defendant’s house to ask him for money to buy them sodas. It was when she went to the house that the defendant inappropriately touched her over her clothing.

When questioned by police, the victim’s mother said she was aware of the situation, but her daughter waited until her father came home to inform him about what happened.

According to the mother, this is not the first incident in her family involving the defendant — that another incident allegedly occurred at the beginning of this year with her daughter also — but it was not reported because both parties settled it.

This incident happened at night and involved the defendant trying to pull the victim into his vehicle while holding her hand. The victim’s mother was able to stop the defendant.

When questioned by police, the defendant denied the recent incident, and said the reason why the victim’s family is making false accusations is because they’re mad at him for telling them straight to pay back the money they borrowed from him 4 months ago.

He further told investigators that he treated the victim and her family as his own family and blood. Sometimes he gave them food and money because he knew that their financial situation is not stable and he wanted to make sure the children had something to eat.

The defendant made his initial appearance in Court last month. He is charged with first degree sexual abuse, a class D felony; and endangering the welfare of a child, a class A misdemeanor.

Bond is set at $20,000 and a preliminary examination is this Friday. The court has denied a defense motion to reduce bond to $5,000.

If he is able to post bond, among other conditions, the defendant is not to make any direct or indirect contact with the victim, and he is not to leave or attempt to leave the territory while his case is pending.

TALI AFEI

A probationer who tested positive for methamphetamine (meth) last week is now in custody, after the court revoked his release.

Tali Afei was sentenced to 12 months probation after he was convicted of third degree assault in February of this year. Conditions of probation include monthly Probation visits, paying a $100 fine, and remaining drug and alcohol free.

The court had ordered Afei to appear September 30th for his first probation review. However, when he failed to show up, the court issued a bench warrant for his arrest.

Afei was arrested and appeared in court on Nov. 10th, after which he was released on his own recognizance. Before Afei left the premises, the court ordered the Probation Office to drug test Afei, to see if he was complying with conditions of probation.

The test came back positive for meth and a second OSC was issued by the court, for which he appeared last week. When Afei’s case was called, the court ordered Probation to test Afei prior to the start of court proceedings.

Again, Afei tested positive for meth.

The court told Afei and his defense attorney that the court would continue Afei’s case, and a preliminary hearing (PX) for his second OSC is Dec. 28th

In the meantime, Afei is back in custody on a ‘no bail’ status.

GALUEGA FAAVAE

The Court has set bail at $200 for Galuega Faavae, who was taken into custody two weeks ago following an incident in Tafuna where he is alleged to have gone to his neighbor’s home with a kitchen knife in his hand, and also challenged people in the neighborhood to a fight.

Faavae, who made his initial appearance in court two weeks ago, is charged with misdemeanor public peace disturbance (PPD).

The prosecutor says the government may file additional charges, as the police investigation continues on allegations of possible trespassing and making verbal threats.

If Faavae is able to post bail, he is ordered not to bother his neighbor or attempt to set foot on their property. He is also not to make any direct or indirect contact with the neighbor.

Faavae will appear in court again on Dec. 27th.

According to court information, the PPD charge stems from a disagreement between Faavae and his neighbor over the access road used by both families.

The neighbor contacted police for assistance after Faavae allegedly came to his house and used a knife in a threatening manner, in addition to making verbal threats to an elderly man of his family.

It’s alleged that Faavae’s actions came after a drinking session he had with friends at his home. When interviewed by police, Faavae admitted that he had a kitchen knife and was making threatening statements to people in the neighborhood. He said he was just trying to prove a point to his neighbor, but he had no intention of hurting anyone.

FALO MATULINO

A man who got into a fight with one of his co-workers during a party in June of this year has been sentenced to 6 months probation, and ordered to pay $100 within 30 days.

Falo Matulino appeared in District Court last week where he pled guilty to public peace disturbance (PPD).

When the court asked the defendant to explain what happened, Matulino said he got into a fight with one of his co-workers at the co-worker’s residence during an after hours party.

Matulino told the judge he didn't start the fight.

According to information revealed in court, cops responded to a public disturbance matter at a house in Malaeimi where two male individuals were allegedly involved in a fight.

When asked if he still works at the company, the defendant said yes. Conditions of probation include attending and successfully completing an alcohol-counseling program.

"You're still young," the court said to the defendant. "You need counseling… it will do you good and help you."

The court’s final words to Matulno: "You shouldn't be fighting at work.”

REUPENA TAPUALA

A first time offender who told the court he already made restitution to the victim has been sentenced to 6 months probation and ordered to attend and complete an alcohol-counseling program.

Reupena Tapuala appeared in District Court last week where he pled guilty to third degree property damage for an incident that occurred last September, where he had thrown rocks that damaged the victim's windows.

When asked by the court how much restitution he made, Tapuala said $2,000 worth of repairs, and it was his parents that paid the bulk of it, as he is not employed.

The court wanted to know from prosecutor if the victim was asking for more restitution. The defense attorney said he didn't know.

During sentencing, the defendant was informed that the court will take his word regarding the restitution already being made, and ordered that the $500 fine be deferred.

PENI NESE

The 30-year-old man accused of operating a vehicle although the court had permanently suspended his license was in High Court yesterday for a Change of Plea hearing.

Peni Nse, who's been in custody since his arrest in May of this year, was initially charged with felony driving with a suspended license, a class D felony, punishable by imprisonment from 90 days up to 5 years, and a fine of up to $5,000 or both, and driving while under the influence of alcohol (DUI), a class A misdemeanor, punishable by imprisonment of up to 1 year, a fine of up to $1,000 or both.

However, under the plea agreement, Nese pled guilty to felony driving with a suspended license. The remaining charge was dismissed.

With his guilty plea, Nese admits that on the night of May 14th, 2021, he was pulled over by police because of expired vehicle tags. He also admits that when he was pulled over, his license had been permanently suspended due to prior DUI convictions.

Both sides recommended probation for Nese, who will be sentenced Jan. 23, 2022.

JEROME TALITONU

A young man who has a pending case in District Court appeared in High Court yesterday morning for a preliminary hearing, on the allegation that he violated conditions of his probation.

Jerome Taitonu, through his defense attorney, admitted to the probation violation. The defense counsel told the court that Taitonu failed to pay his fine, he didn't seek gainful employment, and he didn't visit Probation as required.

The court told the defense that probation revocation is not based on the District Court’s sentence, but will be based on the facts of what happened.

He said he didn't want Taitonu to testify to something that is connected to his pending District Court matter.

“What did you do?” the court asked the defendant. Taitonu replied, “I did not visit the Probation office every month, I did not pay my fine, and I did not look for a job.”

The court told Taitonu that the reason why he was placed on probation, was to give him the chance to re-adjust his life and have a good future.

The court found that Taito violated conditions of his probation and he was remanded back to custody. His next court appearance, a disposition hearing, is set for next month.